In a significant ruling, the Delhi High Court affirmed that a wife's decision to leave her job to care for her minor child does not constitute voluntary abandonment of work and does not disqualify her from receiving maintenance. Justice Swarana Kanta Sharma emphasized that caregiving responsibilities often disproportionately fall on the custodial parent, typically the mother, limiting her ability to pursue full-time employment, especially in the absence of family support. The court recognized that such circumstances necessitate the cessation of employment due to the paramount duty of child care.
The case involved a husband challenging a family court's order directing him to pay interim maintenance to his wife. He argued that his wife was highly educated and had been employed as a teacher, earning between ₹40,000 and ₹45,000 per month, including income from tuition work. However, the wife contended that she was unable to continue working due to her responsibilities in caring for their minor son. She explained that the long commute and lack of employment opportunities near her home compelled her to give up her teaching career to fulfill her duties as a single parent.
The High Court referred to the Supreme Court's decision in Rajnesh v. Neha & Anr. (2021), which held that if a wife is educated and professionally qualified but had to forgo employment opportunities to care for the family, this factor must be given due importance when determining maintenance. In this case, the court noted that the wife had previously worked as a guest teacher but had to discontinue her employment due to the compelling responsibilities of single-handedly raising the child and the considerable distance to her workplace.
The court found merit in the wife's explanation and upheld the family court's decision. It agreed that for the period during which the wife was employed, she was not entitled to maintenance. However, for the period after she left her job, the family court rightly granted maintenance after assessing the husband's notional income, who is a practicing lawyer by profession.
This ruling reinforces the principle that the obligation to provide maintenance is not negated by the wife's educational qualifications or previous employment. It acknowledges the societal reality that women often sacrifice their careers to fulfill family responsibilities, particularly child care. The court's decision ensures that such sacrifices do not lead to financial hardship and that the legal system supports the rights of women who prioritize their children's well-being over their professional aspirations.
By upholding the maintenance rights of mothers who leave employment to care for their children, the Delhi High Court has set a precedent that recognizes and values the unpaid labor of caregiving. This judgment underscores the importance of providing financial support to those who, due to familial obligations, are unable to participate in the workforce, ensuring their dignity and sustenance are maintained.
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