Wife entitled to maintenance after quitting job.
News LIVE LAW .IN
On May 14, 2025, the Delhi High Court ruled that a wife who leaves her job to care for her child cannot be deemed to have voluntarily abandoned her employment and is therefore entitled to 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 familial support. In this case, the wife, previously employed as a teacher earning ₹40,000–₹45,000 per month, had to quit her job due to long commuting hours and the lack of nearby employment opportunities, making it challenging to balance work and childcare as a single parent. The Court referenced the Supreme Court’s decision in Rajnesh v. Neha & Anr. (2021), which acknowledges that an educated and professionally qualified wife who relinquishes employment opportunities to care for minor children should be considered for maintenance. Consequently, the High Court upheld the Family Court’s decision to grant maintenance to the wife for the period after she ceased employment, assessing the husband’s notional income, a practicing lawyer, to determine the maintenance amount.
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