- Delhi High Court held that a woman who quit work to look after her child as a lone parent did not leave employment voluntarily
- Justice Swarana Kanta Sharma stressed the mother's choice was rooted in her supreme responsibility to take care of the child
The Delhi High Court has held that a woman who quit her job to take care of her child as a single parent did not willingly relinquish employment and is eligible for alimony. Justice Swarana Kanta Sharma, in an order dated May 13, asserted that the woman's action was prompted by her highest duty to take care of her child.
The High Court confirmed an October 2023 order of a trial court giving the woman and her minor child interim maintenance, rejecting the husband's appeal against the setting aside of the order. The trial court had ordered the man to pay ₹7,500 every month to his estranged wife and ₹4,500 as maintenance for the child. In confirming the order, the High Court made a slight change, ordering the husband to pay ₹7,500 to the wife and ₹4,500 for the upkeep of the child.
The court noted that caregiving duties for an underage child disproportionately land on the custodial parent, especially in the absence of further family support. Under such conditions, the court said, a parent's failure to seek full-time employment cannot be considered voluntary unemployment.
The husband contended that his wife, who was highly educated and had been a guest teacher in the past, bringing home ₹40,000–₹50,000 per month, could earn and sustain her and their son. The husband stated that the case was being lodged to harass him and that he was ready to come back to them and live with them. He also claimed to be working as an advocate in Haryana, earning only ₹10,000–₹15,000 per month, and that he was unable to follow the maintenance order.
The woman, though, stated that she quit her job because of the pressures of child care and the absence of local job opportunities. She told the court that her long travel time and caregiving responsibilities made it not feasible to stay on the job. The court deemed her excuse "reasonable and justified."
Observing the lack of the certificate of the income of the husband, the court ordered the family court to re-examine the request for interim maintenance. Meanwhile, the prevailing arrangement of maintenance will continue to operate.
