The Supreme Court has restored an interim maintenance order directing a father to pay Rs 30,000 per month to each of his two minor daughters, bringing the total monthly maintenance to Rs 60,000.
A Bench of Justice Vikram Nath and Justice Sandeep Mehta set aside the Allahabad High Court’s decision that had reduced the amount to Rs 15,000 per daughter. The Court held that the mother’s earnings, by themselves, could not justify cutting the father’s share of responsibility.
Background of the Case
The appeal arose from a maintenance proceeding filed by Sujata Kumari, her two minor daughters and others against Rahul Kumar. The wife and the two daughters had left the matrimonial home following disputes between the parties.
In 2022, they approached the Family Court under Section 125 of the Code of Criminal Procedure seeking maintenance. The wife, a qualified gynaecologist, stated that she earned Rs 1.5 lakh per month. The husband, also a doctor, stated that he earned Rs 2 lakh per month as a consultant paediatrician.
The Family Court declined interim maintenance to the wife but awarded Rs 30,000 per month to each daughter.
The Allahabad High Court later reduced the amount to Rs 15,000 per daughter, holding that the financial responsibility should not fall entirely on the father.
Supreme Court’s Observation
The Supreme Court found no sufficient basis for the High Court’s reduction. It noted that the High Court itself had considered Rs 60,000 per month adequate for the two daughters but reduced the amount primarily because the mother was also earning.
The Court observed:
“That the appellant-wife earns is not, by itself, a reason to halve the father’s liability. The obligation to maintain the children is shared by both parents, but it cannot be divided by arithmetic alone.”
The Bench also took note of the mother’s role in caring for the daughters while continuing to work.
The Court further observed that the husband, by his own disclosure, earned Rs 2 lakh per month and that the two daughters were school-going children aged about nine and eight years.
Decision
The Supreme Court held that the Family Court had properly considered the parties’ financial position and the educational and other expenses of the children.
It found the award of Rs 30,000 per month for each daughter, totalling Rs 60,000 per month, to be just and reasonable.
The Court therefore set aside the Allahabad High Court’s order dated February 9, 2026, and restored the Family Court’s order dated October 21, 2024. It directed that any arrears be paid by the husband within three months.
The main maintenance proceedings before the Family Court were left to be decided independently on their own merits.
Case Details:
Case Title: Sujata Kumari & Ors. v. Rahul Kumar & Anr.
Case Number: Criminal Appeal No. of 2026, arising out of SLP (Criminal) No. 9661 of 2026
Judge: Justice Vikram Nath and Justice Sandeep Mehta
Decision Date: August 20, 2026
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