I. Core Legal Principle: What “Maintenance” Includes

Under Indian law (Section 125 CrPC, Hindu Marriage Act, 1955, DV Act, 2005), maintenance includes:

• Food and clothing
• Medical expenses
• Shelter / accommodation
• Reasonable standard of living

Courts consistently hold that “right to residence” is part of maintenance, meaning housing costs (including rent or EMI/mortgage) can be factored in.

II. When Mortgage Payments May Be Counted as Maintenance

Courts may treat mortgage payments as maintenance in 3 situations:

1. When spouse is allowed to reside in the mortgaged house

If the paying spouse continues paying EMIs for the home where the other spouse/children live, courts often treat it as indirect maintenance in kind.

2. When court adjusts EMI against maintenance liability

Some courts set-off mortgage payments against monthly maintenance.

3. When mortgage ensures housing stability for dependents

If EMIs secure the family home, it is treated as part of “shelter component” of maintenance.

III. Key Case Laws (India)

1. Rajnesh v. Neha (2020) 4 SCC 324 (Supreme Court)

• Landmark judgment on maintenance guidelines.
• Held that courts must consider:
  • Standard of living
  • Housing requirements
  • Existing financial liabilities

Principle: Maintenance must include reasonable housing needs, and courts must consider all financial obligations including EMIs.

2. Bhuwan Mohan Singh v. Meena (2015) 6 SCC 353

• Supreme Court emphasized that maintenance ensures a dignified life, not mere survival.
• Shelter is an essential part of dignity.

Principle: Housing security is intrinsic to maintenance; mortgage payments can be relevant if they secure shelter.

3. Manish Jain v. Akanksha Jain (2017) 15 SCC 801

• Court held that matrimonial home considerations are central in maintenance disputes.
• Financial obligations relating to housing must be assessed holistically.

Principle: Courts may factor in housing loans while deciding maintenance quantum.

4. Sunita Kachwaha v. Anil Kachwaha (2014) 16 SCC 715

• Held that earning capacity and existing liabilities must be evaluated fairly.

Principle: EMIs or loans cannot be ignored, but cannot defeat maintenance rights either—balancing approach required.

5. Kalyan Dey Chowdhury v. Rita Dey Chowdhury (2017) 14 SCC 200

• Supreme Court observed maintenance is meant to maintain lifestyle similar to marital standard.

Principle: If mortgage payments maintain the marital home standard, they may be considered part of maintenance arrangement.

6. Jasbir Kaur Sehgal v. District Judge, Dehradun (1997) 7 SCC 7

• One of the earliest leading cases on maintenance quantum.

Principle: Maintenance depends on “status of parties” and includes accommodation needs; housing costs are relevant.

7. Shailja v. Khobbanna (2018) 12 SCC 199

• Court held that maintenance is not charity but a legal right ensuring sustenance and dignity.

Principle: If mortgage payments secure residence, they may be treated as part of fulfilling legal duty.

IV. When Mortgage Payments Are NOT Treated as Maintenance

Courts generally refuse to treat EMIs as maintenance when:

• Property is solely in husband’s name and wife does not benefit from residence
• Mortgage is an investment asset, not family shelter
• Paying spouse uses EMI as excuse to reduce maintenance artificially
• Mortgage does not improve dependent spouse’s living conditions

V. Judicial Approach (Practical Rule)

Courts usually apply this logic:

Step 1: Identify housing benefit

• Who lives in the mortgaged property?

Step 2: Check financial burden

• EMI + income + other liabilities

Step 3: Avoid double burden

• Maintenance + EMI should not become oppressive

Step 4: Ensure dignity

• Wife/children must not be left homeless or underprovided

VI. Important Legal Position (Summary)

• Mortgage payments are not automatically maintenance
• They may be:
  • treated as part of maintenance in kind, OR
  • deducted/adjusted from maintenance quantum
• Courts prioritize housing security + fairness over strict accounting

VII. Final Legal Insight

In Indian family law, the guiding idea is:

“Maintenance is not just money—it is provision for dignified living, including shelter.”

So:

• If mortgage = family housing → it can be counted
• If mortgage = personal asset/loan → usually not treated as maintenance