Supreme Court of India rules mother's income cannot reduce father's child maintenance

The Supreme Court of India has ruled that a mother’s independent income is not a sufficient reason to reduce a father’s liability to provide maintenance for his children. A bench comprising Justice Vikram Nath and Justice Sandeep Mehta set aside an Allahabad High Court order that had halved the interim maintenance amount for two minor daughters.

The case involved two qualified doctors married in 2006. Following marital disputes, the wife sought maintenance under Section 125 of the Code of Criminal Procedure. While the Family Court had initially awarded Rs 30,000 per month for each daughter, the Allahabad High Court had reduced this to Rs 15,000 per month, arguing that the responsibility for maintenance is shared between both parents.

In its judgment, the Supreme Court observed that the obligation to maintain children ‘cannot be divided by arithmetic alone.’ The Court emphasized that the fact that the mother earns an income does not automatically justify a reduction in the father's financial responsibility toward the children.