LawforAll

advocatemmmohan

My photo
since 1985 practicing as advocate in both civil & criminal laws. This blog is only for information but not for legal opinions

Just for legal information but not form as legal opinion

WELCOME TO MY LEGAL WORLD - SHARE THE KNOWLEDGE

Tuesday, August 11, 2026

ADVOCATEMMMOHAN: Hindu Marriage Act, 1955 — Ss. 24, 26 — Maintenanc...2026 INSC 822, decided on 10-08-2026.

ADVOCATEMMMOHAN: Hindu Marriage Act, 1955 — Ss. 24, 26 — Maintenanc...: advocatemmmohan Hindu Marriage Act, 1955 — Ss. 24, 26 — Maintenance — Quantum — Determination of disposable income — Deductions towards Prov...


2026 INSC 822, decided on 10-08-2026.
Hindu Marriage Act, 1955 — Ss. 24, 26 — Maintenance — Quantum — Determination of disposable income — Deductions towards Provident Fund and Employee Stock Purchase Scheme (ESPPs) — Whether such deductions could be treated on the same footing as mandatory deductions such as income-tax and professional tax — Held, No — Provident Fund and ESPPs ultimately accrue to the employee and constitute benefits capable of being withdrawn in future; they are not permanent compulsory charges in the nature of income-tax or professional tax — While determining maintenance, the Court is required to consider the actual financial capacity of the earning spouse and the legitimate expenses and circumstances of the spouse having custody of the children. [Paras 19, 20]

Hindu Marriage Act, 1955 — S. 26 — Maintenance of minor children — Quantum — Standard of living — Children entitled to appropriate financial support consistent with the facilities and circumstances enjoyed by their parents — Where the material on record showed substantial monthly expenditure towards education and other requirements of two minor children, maintenance enhanced from Rs.1,25,000/- to Rs.1,50,000/- per month, i.e. Rs.75,000/- per child, with effect from 1-1-2025 — Enhancement made without prejudice to the right of the appellant to seek further enhancement upon change in circumstances. [Paras 18, 21, 23]

Hindu Marriage Act, 1955 — Ss. 24, 26 — Maintenance of wife and minor children — Medical expenses — Wife suffering from serious illness and having custody of minor children — Effect — Where the wife was undergoing treatment and was also looking after both children residing with her, her medical expenses and diminished capacity to meet the children's financial requirements were relevant circumstances in determining maintenance — Maintenance payable to wife enhanced from Rs.20,000/- to Rs.30,000/- per month. [Paras 21, 22]

Hindu Marriage Act, 1955 — S. 26 — Maintenance — Enhancement — Change in circumstances — Maintenance awarded by Court is not immutable — Subsequent change in circumstances may justify further enhancement — Enhancement of maintenance to Rs.1,50,000/- per month for two children did not preclude the appellant from seeking further enhancement if circumstances subsequently changed. [Para 23]