New Delhi, November 2: The Supreme Court has granted interim relief to a father challenging a retrospective enhancement of child maintenance from ₹20,000 to ₹50,000 per month, dating back to February 2016. The Court has stayed the execution proceedings arising from the enhanced maintenance order but directed him to continue paying ₹20,000 per month until further orders.

A Bench of Justices K.V. Viswanathan and Aravind Kumar passed the order on October 30, keeping the recovery proceedings in abeyance and listing the matter for further hearing on December 17.

The father has challenged a July 23, 2026 judgment of the Punjab and Haryana High Court, which increased the monthly maintenance payable for his minor child from ₹20,000 to ₹50,000 and made the enhancement effective retrospectively from February 4, 2016.

Appearing for the father, Advocate Sumit Gehlot argued that his financial circumstances had changed substantially over the years and that his income assessed at a later stage could not be applied uniformly to determine maintenance liability for nearly a decade.

According to the petition, the High Court assessed his earning capacity at ₹2.25 lakh per month, whereas his income affidavit showed a net monthly income of ₹94,175. He contended that there was no year-wise assessment of his earnings to justify imposing the enhanced amount retrospectively.

Relying on the Supreme Court's ruling in Rajnesh v. Neha, the father questioned whether income or earning capacity assessed years later could form the basis for calculating maintenance from the date of the original application.

He also highlighted his existing financial obligations, claiming that he was required to pay another ₹20,000 per month to his estranged wife under separate proceedings. The combined monthly liability of ₹70,000, he argued, would consume a substantial portion of his declared income.

The father further claimed to have paid approximately ₹50 lakh towards the child's maintenance since 2016, besides meeting educational expenses. He relied on income-tax returns, Form 16 documents and school-fee receipts to support his submissions. His plea also referred to the termination of his employment in 2018 and other financial commitments.

The dispute originated from a Family Court order dated May 25, 2023, directing him to pay ₹20,000 per month towards the minor child's maintenance, in addition to educational expenses. Both parties subsequently challenged aspects of the order before the Punjab and Haryana High Court.

Before the Supreme Court, the father has sought setting aside or reduction of the enhanced maintenance amount. Alternatively, he has requested that any increase be made applicable prospectively rather than retrospectively.

While granting interim protection, the Supreme Court directed that the execution proceedings remain suspended, subject to the father continuing to pay ₹20,000 per month.

Advocate Sumit Gehlot appeared for the petitioner along with Advocate-on-Record Mukesh Kumar. The matter will next be heard on December 17.