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 her employment and is entitled to receive alimony.
Justice Swarana Kanta Sharma, in an order issued on May 13, upheld a trial court’s decision granting interim maintenance to the woman and her minor son. The High Court emphasized that caregiving responsibilities disproportionately affect the custodial parent, often preventing them from pursuing full-time employment, particularly in the absence of family support.
“The cessation of employment by the woman cannot be viewed as voluntary abandonment of work, but as a consequence necessitated by the paramount duty of child care,” the court observed.
The husband had challenged the trial court’s October 2023 order, which directed him to pay ₹7,500 per month each to his estranged wife and child. While dismissing the appeal, the High Court ordered that the man continue the same payment to his wife and an additional ₹4,500 per month towards child maintenance.
The husband, an advocate in Haryana claiming an income of ₹10,000 to ₹15,000 per month, argued that his wife, who previously worked as a guest teacher at a Delhi government school earning ₹40,000 to ₹50,000 per month, was highly educated and capable of earning her own livelihood. He further alleged that she had left the matrimonial home voluntarily and had refused reconciliation despite his willingness to reside with her and their child.
In her defense, the woman stated that her duties as a single parent made it impossible to maintain her teaching career, particularly due to long commuting hours and the lack of employment opportunities nearby. She maintained that her decision was driven by the child’s welfare, not by choice.
The court found her explanation “reasonable and justified,” noting that her past employment alone could not be a ground to deny maintenance.
Since the husband’s income certificate was not on record, the High Court directed the family court to reassess the plea for interim maintenance but allowed the current arrangement to continue until a fresh decision is made.
