Case No.
Civil Appeal Nos. of 2026 (arising out of Special Leave Petition (Civil) Nos. 31815-31816 of 2025)
Bench
Nongmeikapam Kotiswar Singh, Sanjay Karol
Citation
[2026] 8 S.C.R. 472 : 2026 INSC 822
Acts & Sections
Constitution §136
Hindu Marriage Act, 1955 §13(1)(ia)
Hindu Marriage Act, 1955 §24
Hindu Marriage Act, 1955 §26
CPC §151
Supreme Court Reports
[2026] 8 S.C.R. 472 : 2026 INSC 822
Issue for consideration
Whether the quantum of maintenance fixed by the High Court requires reconsideration.
Headnote
Matrimonial Disputes – Maintenance – Enhancement of – High Court partly enhanced the child maintenance to Rs.1,25,000/per month for both the children – Plea of the Appellant-wife that the deductions as shown by the Respondent-husband are voluntary in nature and include voluntary contributions such as ESPPs which cannot be treated as compulsory deductions to reduce monthly income for the purposes of maintenance – In addition, it was also submitted that the Appellant’s deteriorating health due to aggressive breast cancer directly impacted her ability to cover the shortfall in the minor children’s expenses:
Held: Deductions of Provident Fund and ESPPs are ultimately benefits that would be passed on to the Respondent – Unlike Income Tax payment or professional taxes which are mandatory taxes, PFs and ESPPs are not permanent charges but rather will accrue into the account of the Respondent which can be withdrawn by the depositor in the future – Per interim order, the High Court had already directed interim maintenance towards the Appellant for Rs. 20,000/- per month – However, the interim maintenance is not mentioned in the final order – Maintenance enhanced to Rs.30,000/- per month, particularly keeping in mind the medical expenses for the cancer treatment of the Appellant who is looking after both children who reside with her – Monthly maintenance enhanced for both children to Rs.1,50,000/(Rs.75,000/- per child) with effect from 1st January 2025 – This will not preclude the Appellant from seeking enhancement as and when there are change in circumstances – In view of the undertaking given by the Respondent in the High Court order, no further direction is required as he has to abide by it – Respondent to do the needful as directed above within a period of 3 months from the date of this order. [Paras 18, 20-24]
As published in the Supreme Court Reports, Supreme Court of India.
Headnotes prepared by: Divya Pandey. Text from the Indian Supreme Court Judgments open data set (Dattam Labs),
CC BY 4.0.
Headnote
AI-drafted · Reviewed and approved
The appellant-wife filed a civil appeal before the Supreme Court under Article 136 of the Constitution of India challenging the final judgment and clarification order passed by the Delhi High Court in a matrimonial appeal arising out of proceedings for child maintenance. The High Court had partly enhanced child maintenance to Rs. 1,25,000/- for both children and closed contempt proceedings against the respondent-husband, while the clarification order granted the respondent-husband six months to clear accrued arrears without addressing other grounds raised.
The parties were married on 09.12.2004 and had two minor sons. Following the breakdown of the marriage, the appellant-wife instituted divorce proceedings under Section 13(1)(ia) of the Hindu Marriage Act, 1955, and sought interim maintenance under Sections 24 and 26 thereof. The Family Court awarded Rs. 37,000/- per child per month from September 2019, enhanced to Rs. 40,000/- per child per month from January 2021, which was affirmed by the High Court. Subsequently, upon fresh applications, the Family Court enhanced maintenance to Rs. 50,000/- per child per month from April 2024. During pendency of the appeal, the appellant-wife was diagnosed with aggressive breast cancer, upon which the High Court directed the respondent-husband to pay Rs. 20,000/- per month towards the appellant-wife's medical needs.
The Supreme Court granted leave and took up the appeals arising out of the impugned orders. The judgment touches upon issues of quantum of child maintenance, contempt for non-compliance with maintenance orders, and interim maintenance for a spouse suffering from serious illness, underscoring that maintenance estimation involves reasonable approximation rather than mathematical exactitude and that the financial capacity of both parties must be duly considered.
Catchwords:
child maintenance · interim maintenance · pendente lite maintenance · Hindu Marriage Act · enhancement of maintenance · contempt proceedings · breast cancer · matrimonial disputes · maintenance quantum · Section 24 HMA · Section 26 HMA · Article 136 Constitution · special leave petition · Family Court
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