New Delhi: The Supreme Court has held that a mother being financially independent cannot, by itself, be a reason to reduce a father’s obligation to provide maintenance for his children.
A Bench comprising Justices Vikram Nath and Sandeep Mehta restored an interim maintenance award of Rs 60,000 per month for two minor daughters, ruling that their mother’s monthly income of Rs 1.5 lakh could not justify halving the father’s financial liability.
Court rejects simple income calculation
The Supreme Court observed that both parents share the responsibility of maintaining their children, but the obligation cannot be divided through a simple mathematical calculation based only on their respective incomes.
The Court noted that the daughters live with their mother, who is responsible for their daily needs and upbringing while also working.
Mother’s caregiving is a real contribution
The Bench stressed that the care provided by a parent cannot always be expressed in monetary terms.
The Court observed that although the mother earns an income, her responsibility for the children’s everyday care and upbringing represents a real contribution and can often be the greater one.
The ruling reinforces the principle that a child’s maintenance must be assessed by considering the overall responsibilities of both parents rather than merely comparing their salaries.
Rs 60,000 monthly maintenance restored
The Court consequently restored the interim maintenance of Rs 60,000 per month awarded for the two minor daughters.
The ruling makes clear that a mother’s financial independence does not automatically reduce the father’s responsibility towards his children.
