Supreme Court Upholds Maintenance Responsibility Despite Mother’s Earnings
In a significant ruling on Thursday, the Supreme Court of India clarified that a mother’s financial independence does not automatically lessen a father’s maintenance responsibilities toward their children. A bench comprising Justices Vikram Nath and Sandeep Mehta reinstated an interim maintenance award of ₹60,000 per month for two minor daughters. This decision was made despite the mother earning ₹1.5 lakh monthly, which was initially used to justify reducing the father’s financial obligation.
The Court emphasized that both parents share the duty to maintain their children, but this responsibility cannot be split merely based on arithmetic. “The fact that the appellant-wife earns does not alone justify halving the father’s liability. While both parents are responsible for maintenance, their contributions cannot be quantified by a simple division,” the bench stated. The daughters reside with their mother, who is actively involved in their upbringing while maintaining her professional commitments. The Supreme Court noted that such caregiving, though not easily monetized, represents a substantial and often greater contribution.
The appeal arose from a decision by the Allahabad High Court, which had reduced the father’s monthly maintenance obligation from ₹60,000 to ₹30,000, attributing ₹15,000 to each daughter. This reduction considered the mother’s earnings of ₹1.5 lakh per month. However, the Supreme Court found this reduction unjustified, noting the High Court’s own acknowledgment that ₹60,000 was an appropriate amount based on the parents’ socio-economic status.
Highlighting the importance of sustaining the children’s lifestyle and education, the Supreme Court took into account that the daughters, aged nine and eight, were living with their mother, who managed their daily requirements alongside her duties as a gynaecologist. The Court reiterated that such maternal care and upbringing efforts are invaluable and cannot merely be translated into monetary terms.
Furthermore, the Court considered the father’s financial capacity, as he is a qualified doctor with a reported monthly income of ₹2 lakh. “Excluding the wife’s income from consideration, the reduction of maintenance is unsound. The respondent-husband, earning ₹2,00,000 per month, can reasonably provide ₹60,000 for his daughters, considering their educational and developmental needs,” the Court asserted.
Consequently, the Supreme Court nullified the High Court’s order, reverting to the family court’s original decision of awarding ₹30,000 per month to each daughter. The father has been instructed to clear any pending arrears within a three-month timeframe.
