The Supreme Court ruled that a father’s financial responsibility for his children cannot be automatically reduced by half because the mother earns an income. The court restored a Family Court’s order requiring the father to pay Rs.60,000 per month as interim maintenance for two minor daughters.
A bench of Justices Vikram Nath and Sandeep Mehta overturned an Allahabad High Court decision that had reduced the interim maintenance awarded to each of the two daughters from Rs.30,000 to Rs.15,000 per month.
High Court’s approach rejected
The legal battle started in 2022 when the appellant-wife, an M.B.B.S., D.G.O. qualified gynaecologist earning Rs.1.5 lakh monthly, sought Rs.2.5 lakh per month from her husband, an M.B.B.S., M.D. qualified consultant paediatrician reporting Rs.2 lakh monthly income. She contended that he owned a nursing home and earned more than he disclosed.
The Family Court in 2024 denied interim maintenance for the wife, citing her sufficient income, but awarded Rs.30,000 per month for each daughter until they attain majority. The decision considered the father’s higher earning potential and the children’s needs, including education and daily expenses.
The High Court later reduced the amount by half, holding that the financial burden could not be fastened solely upon the husband. The Supreme Court found the High Court’s reasoning unsustainable, observing that the impugned order gave no reason for interfering with the Family Court’s order.
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Caregiving and earning capacity
The judgment stressed that the responsibility of educating and raising the daughters lay upon both parents and, after considering the details of their expenses furnished by the wife, awarded Rs.60,000 per month from the date of filing of the petition until they attain majority.
Courts have long debated how to divide child maintenance when both parents work. Some rulings treat income as a strict mathematical division, while others account for caregiving realities and earning capacity. This decision favors the latter, focusing on the children’s needs rather than rigid calculations.
The ruling also clarifies the role of interim maintenance, which addresses immediate financial needs while the main case proceeds. The Supreme Court noted its decision does not determine the final maintenance amount, which will depend on a full review of evidence.
Legal observers say the decision strengthens the idea that child support considers more than income. It also highlights how temporary orders can have long-term financial effects on families in conflict. The case may influence future rulings where maintenance disputes involve working parents, as courts weigh fairness against rigid formulas.