Supreme Court increases monthly maintenance, considering medical expenses and financial capacity, ensuring children's welfare and spouse's medical needs.
In a significant ruling, the Supreme Court of India has enhanced the monthly maintenance to be paid by Puneet Sharma, the respondent, to his estranged wife, Harpreet Sawhney, and their two children. The decision, delivered on August 10, 2026, marks a critical development in maintenance law under the Hindu Marriage Act, 1955, emphasizing the need for adequate financial support reflecting actual expenses and medical needs.
The case, arising out of a matrimonial dispute, saw the Supreme Court increase the child maintenance to Rs. 1,50,000 per month, effective from January 1, 2025, with each child receiving Rs. 75,000. This is an enhancement from the previous Rs. 1,25,000 per month ordered by the Delhi High Court. The court took into account the documented monthly expenses of Rs. 1,66,847 for the children, alongside the financial capacity of the respondent-husband, whose net disposable monthly income was assessed at approximately Rs. 4,50,000.
Additionally, the Supreme Court recognized the medical challenges faced by Harpreet Sawhney, who has been diagnosed with aggressive breast cancer, by increasing her interim maintenance to Rs. 30,000 per month, up from Rs. 20,000 as directed by the Delhi High Court in 2024. The judgment underscored the court's consideration of her inability to meet her expenses due to her medical condition.
The judgment also addressed financial deductions, clarifying that voluntary contributions like Provident Fund and Employee Stock Purchase Plans (ESPPs) should not significantly reduce the respondent's disposable income for maintenance calculations, as they are future benefits rather than permanent deductions.
The ruling followed a series of legal proceedings initiated after the matrimonial relationship between the parties deteriorated, leading to a divorce petition filed by Harpreet Sawhney in 2019. Subsequent legal battles involved interim maintenance decisions, contempt proceedings, and appeals, culminating in this Supreme Court decision.
The decision not only provides immediate financial relief to the appellant and her children but also sets a precedent for considering actual expenses and medical needs in maintenance cases, ensuring that children's welfare and spouse's health are not compromised due to financial constraints.
Bottom Line:
Maintenance under Hindu Marriage Act, 1955 - Enhanced child maintenance considering actual expenses incurred by the Appellant-wife and the Respondent-husband's financial capacity - Maintenance for the Appellant-wife increased due to medical expenses arising from aggressive breast cancer diagnosis.
Statutory provision(s): Hindu Marriage Act, 1955 Sections 24, 26
Harpreet Sawhney v. Puneet Sharma, (SC) : Law Finder Doc id # 2958196
