Can a father's child maintenance liability be reduced if the mother is earning? SC clarifies

In a significant judgment examining whether a mother's employment and independent income could be a ground to lower the father's financial contribution towards the interim maintenance of their minor children, the Supreme court clarified last week the extent to which the mother’s earnings can be taken into account while determining the father’s liability.

The dispute began when a man's wife and their two daughters approached the family court years back to seek maintenance of ₹2.5 lakh per month from him, according to a SCC Online report.

At the time of hearing, the wife worked at a hospital in Greater Noida as a MBBS and DGO qualified gynaecologist, drawing an monthly income of ₹1.5 lakh. The husband, on the other hand, is also a qualified doctor, who stated that he earned ₹2 lakh per month as a consultant pediatrician. His wife further alleged that he runs his own nursing home.

What did the family court rule?

In an order dated October 21, 2024, the family court declined interim maintenance to the wife since she had sufficient income. However, it awarded ₹30,000 per month to each daughter, totalling ₹60,000, considering their educational and other expenses and that the wife was bearing these costs.

The husband challenged the order, following which the Allahabad High Court reduced the amount to ₹15,000 per daughter, holding that the entire burden could not fall on the husband as the wife was also earning. The wife and daughters then approached the Supreme Court against the reduction.

SC rules in favour of mother, children

In a order dated August 20, 2026, the Supreme Court held that the mother’s income, by itself, could not justify halving the father’s maintenance liability. While the obligation to maintain children is shared by both parents, the Court emphasised that “it cannot be divided by arithmetic alone," the report stated.

It noted that the daughters lived with their mother, who was responsible for their daily care and upbringing while also working, contributions that cannot be measured purely in monetary terms. Considering the daughters’ age, schooling, parents’ status and the husband’s disclosed income of ₹2 lakh per month, the apex court found that ₹60,000 per month as child maintenance was reasonable and restored the family court’s award of ₹30,000 per daughter.

How each parent’s contribution is assessed?

Courts do not ordinarily divide a child’s expenses through a mechanical formula or solely in proportion to the parents’ respective incomes, like the Supreme Court also mentioned in its judgement.

“Instead, they consider several factors, including each parent's financial capacity and liabilities, the child’s reasonable needs, education, lifestyle and the standard of living the child would ordinarily enjoy,” according to Apoorva Pandey, Advocate at Delhi High Court.

Other legal experts also noted that even non-financial contributions are taken into account while determining each parent's responsibility.

“Courts can recognise the custodial parent’s contribution through daily childcare, supervision, education, healthcare, household responsibilities and emotional support. This is particularly relevant when assessing how the overall burden of raising the children is shared," said Reena Bajaj, Partner at Singhania & Co.

Can a father seek a liability revision if the mother’s income increases?

Yes. a father can approach the court seeking modification or reduction of maintenance if there has been a substantial increase in the mother’s income after the original order, Pandey said.

Adding to that point, Supriya Majumdar, Partner at Elarra Law Offices, noted that such a revision depends on factors such as loans, health condition, parental obligations etc. which may help in reduction of the quantum of maintenance.

“The mother's income is viewed as a resource to provide additional comfort, savings, or long-term security for the children. It is not treated as a primary source of maintenance to discount the father's primary liability. Hence, increase in her income may lead to a better standard of living for the children but not reduce the basic liability of the father,” Majumdar added.