Woman Who Left Job To Care For Child Entitled To Alimony, Says Delhi High Court

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Last Updated:May 14, 2025, 17:25 IST

The courted authorities that the woman's determination to halt moving was not voluntary, but a effect of her work to look aft her child

A presumption of Delhi High Court gathering successful New Delhi. (PTI record photo)

The Delhi High Court has said that a pistillate who near her occupation to attraction for her kid is entitled to alimony, stating that her determination to halt moving was not voluntary, but a effect of her work to look aft her child.

The order, passed connected Tuesday by Justice Swarana Kanta Sharma, said that caring for a insignificant kid often limits a parent’s quality to instrumentality up full-time work, particularly erstwhile determination is nary household support.

Justice Sharma further noted that successful specified situations, it would beryllium unfair to dainty the woman’s unemployment arsenic her ain choice.

“It is good settled that the work of caregiving to a insignificant kid falls disproportionately upon the genitor with custody, often limiting their quality to prosecute full-time employment, particularly successful cases wherever determination is nary household enactment to instrumentality attraction of the kid portion the parent is astatine work," the ruling stated.

“In specified circumstances, the cessation of employment by the responsive cannot beryllium viewed arsenic voluntary abandonment of work, but arsenic a effect necessitated by the paramount work of kid care," it added.

The tribunal refused to cancel a little court’s October 2023 determination that granted the pistillate and her kid interim maintenance. The antheral had challenged this order, arguing that his woman was highly educated and had antecedently worked arsenic a impermanent teacher earning Rs 40,000 to Rs 50,000 a month. He said the lawsuit was filed to harass him and that helium could not spend the payments, arsenic helium lone earned Rs 10,000 to Rs 15,000 a period arsenic a lawyer successful Haryana.

The woman, however, told the tribunal that she could not proceed moving owed to her caregiving duties. She said her agelong commute and the deficiency of enactment adjacent her location forced her to springiness up her job. The tribunal accepted her explanation, calling it “reasonable and justified".

The precocious tribunal directed the antheral to proceed paying Rs 7,500 per period to his woman and Rs 4,500 towards their child. It besides asked the household tribunal to reappraisal the substance again, portion allowing the existent statement to proceed successful the meantime.

(With inputs from PTI)

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