Supreme Court Restores Interim Maintenance of ₹60,000/- for Two Minor Daughters, Sets Aside High Court Reduction

Case Snapshot

• Case Name: Sujata Kumari & Ors. v. Rahul Kumar & Anr.

• Citation: 2026 INSC 896

• Bench: Justice Vikram Nath

• Date of Judgment: August 20, 2026

• Area of Law: Family Law, Maintenance, Section 125 CrPC

The Judgment in One Line

High Court's reduction of interim maintenance for minor daughters set aside; earning mother's contribution does not halve father's liability.

Why This Judgment Matters

This judgment is significant as it clarifies the principles governing interim maintenance for minor children under Section 125 of the Code of Criminal Procedure, 1973. The Supreme Court has held that the mere fact that the mother is earning does not, by itself, justify halving the father's liability to maintain minor children. The Court emphasized that the obligation to maintain children is shared by both parents, but the contribution cannot be divided by arithmetic alone—the mother's care and upbringing of the children is a real contribution, often the greater one. The judgment will guide family courts in determining interim maintenance, ensuring that children's needs are not compromised merely because the mother is working.

Background

The appellant-wife and respondent-husband were married on June 18, 2006, and had two daughters age

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