6 days ago
Supreme Court Restores Child Maintenance Despite Mother’s Income
A father and mother disagreed about how much money should be provided for their two daughters.
The mother worked as a doctor and earned ₹1.5 lakh per month.
The father said he earned ₹2 lakh per month as a pediatrician.
A family court ordered the father to pay ₹30,000 each month for each daughter.
The High Court reduced this amount because the mother also earned money.
The Supreme Court said a mother’s income does not automatically mean the father should pay less.
It said caring for children every day is also an important contribution.
The Court therefore restored the total monthly payment of ₹60,000.
The Supreme Court held that a mother’s income alone cannot justify reducing the father’s child-maintenance obligation.
A family court had awarded ₹30,000 per month for each of the two daughters.
The Allahabad High Court later reduced the amount to ₹15,000 per daughter because the mother was earning.
The Supreme Court restored the total award of ₹60,000 per month, citing the children’s needs and the father’s disclosed income.
Courts may consider childcare and other non-financial contributions, while allowing later modification if circumstances substantially change.
- Who
- A husband, his wife, and their two daughters were involved; the Supreme Court reviewed the maintenance dispute.
- What
- The Supreme Court restored an interim child-maintenance award of ₹30,000 per daughter per month and clarified how a mother’s income should be considered.
- Where
- The dispute proceeded through a family court, the Allahabad High Court, and the Supreme Court; the mother worked at a hospital in Greater Noida.
- When
- The family court ruled on October 21, 2024, and the Supreme Court issued its order on August 20, 2026.
- Why
- The wife and daughters sought maintenance, while the father challenged the amount after the High Court reduced it because the mother was earning.
Mother and Daughters’ Position
Father’s Position
Effect of the mother’s income
Mother and Daughters’ Position
The mother’s earnings should not automatically halve the father’s contribution because she provides daily care and other non-financial support.
Father’s Position
The father argued that the financial burden should not fall entirely on him when the mother also earns an independent income.
Amount of maintenance
Mother and Daughters’ Position
The daughters sought continuation of the family court’s award of ₹30,000 each per month, considering their education and other expenses.
Father’s Position
The father challenged the maintenance order, leading to the High Court’s reduction to ₹15,000 per daughter.
How contributions should be assessed
Mother and Daughters’ Position
Childcare, supervision, education, healthcare, household responsibilities, and emotional support should be considered alongside income.
Father’s Position
A parent’s financial capacity, liabilities, and changed circumstances may support a later request to reduce or modify maintenance.
Key facts
- Children’s award restored
- ₹30,000 per month for each daughter, or ₹60,000 in total
- Mother’s reported income
- ₹1.5 lakh per month as a qualified gynaecologist
- Father’s disclosed income
- ₹2 lakh per month as a consultant pediatrician
- Family court order
- Dated October 21, 2024; denied interim maintenance to the wife but awarded ₹60,000 monthly for the daughters
- Allahabad High Court decision
- Reduced the amount to ₹15,000 per daughter because the mother was also earning
- Supreme Court decision
- Dated August 20, 2026; restored the family court’s award
- Possible future revision
- A father may seek modification if the mother’s income substantially increases or other relevant circumstances change
Quotes
Apoorva Pandey
Advocate at the Delhi High Court
“Courts can recognise the custodial parent’s contribution through daily childcare, supervision, education, healthcare, household responsibilities and emotional support. This is particularly relevant when assessing how the overall burden of raising the children is shared”
livemint.com
“Instead, they consider several factors, including each parent's financial capacity and liabilities, the child’s reasonable needs, education, lifestyle and the standard of living the child would ordinarily enjoy”
livemint.com
Sources
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