Court Recognizes Caregiving Responsibility on Custodial Parent
The Delhi High Court ruled that a wife cannot be denied maintenance solely because she is qualified or was previously employed. The Court emphasized that caregiving responsibility, especially for a minor child, often limit a parent’s ability to work full-time.
Case Involves Husband’s Challenge to Maintenance Order
Justice Swarana Kanta Sharma made this observation while hearing a husband’s plea. He sought revision of a family court order directing him to pay interim maintenance to his wife.
Wife Cited Childcare Duties for Job Resignation
The husband argued that the wife was highly educated and earned ₹40,000–₹45,000 per month as a teacher. He claimed she also took tuition classes. However, the wife responded that she had to quit her job to care for their minor son. She said her commute was long and no suitable jobs were available nearby.
Court Referred to Rajnesh v. Neha Case
The Court cited the Supreme Court ruling in Rajnesh v. Neha & Anr. (2021). That ruling stressed the need to consider situations where a woman leaves employment to care for children and family. The Delhi High Court noted the wife was earlier working as a guest teacher. But she left her job due to long travel and sole parenting duties.
Family Court’s Approach Upheld, Reassessment Ordered
The High Court found merit in her explanation. It upheld the Family Court’s view that she wasn’t entitled to maintenance during her employment period. However, it agreed with granting maintenance afterward based on the husband’s notional income. The husband is a practicing lawyer.
Reconsideration of Maintenance Application Ordered
The Court observed that the Family Court hadn’t reviewed the husband’s income affidavit or bank statements. It ordered a fresh assessment of the interim maintenance application. Meanwhile, the husband must continue paying maintenance as previously directed.
Conclusion
This judgment reinforces that caregiving responsibilities can justify a wife’s unemployment. Courts must assess the full context before denying maintenance.
