Supreme Court: Mother’s Income Does Not Automatically Halve Father’s Child Maintenance
A significant observation by the Supreme Court of India in Sujata Kumari & Ors. v. Rahul Kumar & Anr., 2026 INSC 896.
The mother was a qualified gynaecologist earning ₹1.5 lakh per month, while the father stated that he earned ₹2 lakh per month.
The High Court reduced interim maintenance for the two daughters from ₹30,000 each to ₹15,000 each, reasoning that the responsibility of maintaining the children could not rest solely upon the father.
The Supreme Court restored the Family Court’s order of ₹30,000 per month for each daughter.
The Court held that the fact that the mother earns is not, by itself, a reason to halve the father’s liability.
An important observation was that the obligation to maintain children is shared by both parents, but “cannot be divided by arithmetic alone.”
The Court also recognised that the parent who looks after the children’s daily needs and upbringing makes a real contribution, even though such care cannot simply be measured in money.
Key takeaway: Child maintenance is not determined merely by asking whether the mother is earning. The needs of the children and the circumstances and contributions of both parents remain relevant.
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