Woman entitled to alimony after quitting job to care for child: Delhi High Court

The Delhi High Court has ruled that a woman who quits her job to care for her child is entitled to alimony.

The court emphasised that such a decision does not constitute voluntary unemployment.

The court also clarified that it is the woman's actual income, not her potential earning capacity, that should be considered when determining maintenance.

The ruling came in response to a petition by the woman's estranged husband, who challenged a 2023 family court order requiring him to pay Rs 7,500 each to his wife and their six-year-old son. The husband, a district court advocate, argued that he earned only Rs 10,000 to Rs 15,000 per month and that his wife, who had been earning Rs 40,000 to Rs 50,000 per month before quitting her job, was capable of supporting herself. He claimed that he was financially and emotionally struggling and could not comply with the maintenance order.

The couple, married in 2016, has been separated since 2017. The woman has accused her husband of cruelty and harassment, while he maintains that he is willing to reconcile.

Representing the woman, her lawyer stated that the husband was financially stable, with income from both his legal career and rental properties. The woman's lawyer argued that she had left her teaching job due to long commute times and the need to care for their minor child as a single parent. The court agreed with the woman's reasoning, stating that the responsibility of caregiving disproportionately falls on the custodial parent, often making it difficult for them to pursue full-time employment.

The court also referenced a Supreme Court ruling, stating that a person's actual income, not just their capacity to earn, should be the basis for determining maintenance. The Delhi High Court upheld the family court's decision that there is a crucial distinction between "capable of earning" and "actually earning."

While the high court acknowledged the husband's notional monthly income of Rs 30,000, it remanded the case back to the family court for a fresh review of the maintenance application. The family court will now reconsider the income affidavits and bank statements filed by both parties and issue a reasoned decision within one month.

Until the family court reaches its final determination, the high court ordered that the husband continue paying Rs 7,500 per month to the wife and Rs 4,500 per month to the child. These payments will remain adjustable in any future maintenance decisions.