Wife cannot be denied maintenance over quitting job for childcare, says HC

The Delhi High Court has ruled that a woman cannot be denied maintenance merely because she is qualified and was once employed, if her decision to quit work was driven by the demands of caring for a child.

Justice Swarana Kanta Sharma, while hearing a plea from a man challenging an interim maintenance order in favour of his estranged wife, held that a mother’s decision to leave employment cannot be treated as a “voluntary abandonment of work” when it is rooted in her duty as a single caregiver.

“…the responsibility of caregiving to a minor child falls disproportionately upon the parent with custody, often limiting their ability to pursue full-time employment, especially in cases where there is no family support also to take care of the child while the mother is at work,” the judge observed.

The order, in the matter, stated that the cessation of employment by the respondent cannot be viewed as voluntary abandonment of work, but as a consequence necessitated by the paramount duty of child care.

The husband, a practising advocate, had approached the High Court seeking a revision of the family court’s direction to pay interim maintenance to his wife. He argued that his wife was highly educated and had previously earned Rs 40,000 to Rs 45,000 per month by working as a teacher and taking tuition classes.

In response, the wife told the court she was unable to work as she was solely responsible for their minor son’s upbringing. Her lawyer submitted that she had to give up her teaching job due to the long commute and the absence of suitable employment near her home. As a single parent without family support, she found it impossible to continue her career while also taking care of the child.

Taking note of these submissions, the High Court referred to a Supreme Court’s judgment where it was held that “On termination of the relationship, if the wife is educated and professionally qualified, but had to give up her employment opportunities to look after the needs of the family being the primary caregiver to the minor children, and the elder members of the family, this factor would be required to be given due importance.”

In the present case, the High Court observed that although the wife had previously worked as a guest teacher, her exit from employment was not wilful but driven by “compelling responsibilities” of raising the child on her own and the “considerable distance” of her workplace.

Till the reconsideration is complete, the husband has been directed to continue paying the maintenance as per the earlier order.

Delhi