The Delhi High Court has ruled that a woman who left her job to care for her child as a single parent did not voluntarily abandon work and is entitled to interim alimony, reinforcing the principle that caregiving responsibilities significantly impact a custodial parent's ability to remain employed.
In its order dated May 13, Justice Swarana Kanta Sharma upheld a trial court’s decision from October 2023 that granted monthly maintenance of ₹7,500 each to the estranged wife and her minor son. The woman had left her job as a guest teacher in a Delhi government school, where she was earning ₹40,000–₹50,000, citing an inability to manage both work and full-time childcare in the absence of family support.
Key Observations by the High Court:
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The court emphasized that childcare responsibilities disproportionately fall on the custodial parent, limiting employment opportunities—especially when there’s no family or support system.
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The woman’s cessation of employment was deemed a “consequence necessitated by the paramount duty of child care,” not a voluntary desertion of work.
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The High Court acknowledged the reasonableness and justification in the woman’s explanation for quitting her job—long commute times and unavailability of nearby work made her employment unsustainable.
Husband’s Arguments & Court’s Response:
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The husband had argued that his wife was well-educated, previously earning a decent salary, and capable of self-support. He claimed she filed the case to harass him and that she had voluntarily left the matrimonial home, refusing to reunite despite a court direction.
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He further stated he earns only ₹10,000–₹15,000 a month as an advocate in Haryana and cannot afford the interim maintenance ordered by the family court.
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However, the High Court noted that no income certificate was placed on record by the husband to substantiate his claims of financial hardship.
Court’s Directive:
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The High Court dismissed the husband's challenge to the trial court order and directed him to continue paying ₹7,500 to the wife and ₹4,500 to the child as interim maintenance until the family court re-examines the issue based on available evidence.
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The family court has been asked to decide afresh on the interim maintenance based on submissions from both sides.
Broader Significance:
This verdict sets a significant precedent by reaffirming that unpaid caregiving, especially by single mothers, must be accounted for in maintenance cases. The court clarified that previous employment or education alone cannot justify denial of maintenance, especially when circumstances force women to prioritize childcare over a career.
