The Supreme Court on August 10, 2026, enhanced the monthly maintenance payable for two minor children from Rs 1.25 lakh to Rs 1.50 lakh, while also increasing the maintenance payable to their mother to Rs 30,000 per month.
A Bench of Justice Sanjay Karol and Justice Nongmeikapam Kotiswar Singh held that the maintenance amount fixed by the Delhi High Court required reconsideration, particularly in view of the children’s expenses and the mother’s medical treatment.
Background of the Case
The matrimonial relationship between the parties had deteriorated, and the husband left the wife and their two children in June 2018. The wife subsequently instituted divorce proceedings before the Delhi Family Court.
She initially sought interim maintenance for herself and the two children. In January 2021, the Family Court awarded Rs 37,000 per child per month, later increasing it to Rs 40,000 per child from January 2021. The Delhi High Court subsequently upheld that amount.
The wife later sought enhancement, pointing to increased school fees and documented monthly expenses of the children. In July 2024, the Family Court increased the maintenance to Rs 50,000 per child per month from April 2024.
The Delhi High Court subsequently enhanced the combined maintenance for the two children to Rs 1.25 lakh per month from April 2024.
Supreme Court's Observations
The Supreme Court examined the husband’s income and the deductions considered while assessing his available income. The Court noted that provident fund contributions and employee stock purchase plans (ESPPs) ultimately accrue to the husband and can be received by him in the future.
The Bench observed that these deductions were different from compulsory liabilities such as income tax and professional tax.
The Court also took note of the mother’s medical expenses and the fact that she was looking after both children. It observed that the earlier interim order granting her Rs 20,000 per month had not been reflected in the Delhi High Court’s final order.
“ We find it fit to enhance the maintenance to Rs. 30,000/- per month, particularly keeping in mind the medical expenses,” the Bench said.
Decision
The Supreme Court enhanced the monthly maintenance for the two children to Rs 1.50 lakh in total, fixing Rs 75,000 per child, with effect from January 1, 2025.
The Court also clarified that the wife would remain free to seek a further enhancement if circumstances changed.
The husband was directed to comply with the directions concerning the transfer of the vehicle within three months from the date of the order.
With these directions, the Supreme Court disposed of the civil appeals and connected applications.
Case Details
Case Title: Harpreet Sawhney v. Puneet Sharma
Case Number: Civil Appeal Nos. of 2026, arising out of SLP (Civil) Nos. 31815-31816 of 2025
Judge: Justice Sanjay Karol and Justice Nongmeikapam Kotiswar Singh
Decision Date: August 10, 2026
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