Woman leaving job for child care entitled to alimony: Delhi HC

New Delhi

The Delhi High Court ruled that a woman leaving her job to care for her child as a single parent does not constitute voluntary abandonment of work, and she is entitled to alimony. In a decision on May 13, Justice Swarana Kanta Sharma stated that this decision could be seen as a result of the woman’s primary responsibility to care for her child.

The ruling came after the woman's husband challenged a trial court's October 2023 order, which required him to pay Rs 7,500 monthly in maintenance for both his estranged wife and their minor child. The High Court upheld the trial court's decision, directing the husband to continue the same monthly payments and to pay an additional Rs 4,500 for the child.

The court emphasized that caregiving responsibilities, especially for a minor child, often limit the parent's ability to work full-time, particularly when there is no family support for childcare. It further noted that the woman’s decision to leave her job was a consequence of her duty to care for her child, not voluntary abandonment.

The husband argued that the woman, being well-educated and previously earning Rs 40,000-50,000 monthly, was capable of supporting herself and the child. He also claimed she had left their matrimonial home voluntarily. In response, the woman explained that her job was far from home, making it difficult to balance work and childcare. The court found her reasoning reasonable and justified. The husband’s income details were not provided, and the court directed the family court to revisit the maintenance issue.