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Sujata Kumari & Ors. v. Rahul Kumar & Anr.

Criminal Appeal · 2026 INSC 896Decided 20 Aug 2026
Criminal Appeal @ SLP (Crl.) No. 9661 of 2026
Justice Vikram Nath · Justice Sandeep Mehta

Background

A gynaecologist wife and paediatrician husband separated, and the wife sought maintenance for their two young daughters. The Family Court awarded Rs. 30,000/month per daughter; on the husband's challenge, the Allahabad High Court halved it to Rs. 15,000/month per daughter, reasoning the wife's own income should offset his obligation.

Decision Breakdown

The Supreme Court restored the original Rs. 30,000/month-per-daughter award, holding the High Court gave no real justification for the cut beyond noting the wife also earns. A mother's income doesn't automatically halve the father's share by "arithmetic alone". Courts must weigh actual needs and each parent's real capacity, and the day-to-day care a working mother provides is itself an uncounted contribution. Even ignoring her income, the amount wasn't excessive for a doctor-father earning at least Rs. 2,00,000/month.

Lesson Learnt

A working mother isn't automatically obligated to shoulder half her children's maintenance costs just because she has income. Courts must give reasoned justification, weighing actual needs and both parents' real capacity, before reducing a maintenance award.

Official source (sci.gov.in)View Judgment (PDF)

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