In a pivotal judgment, the Delhi High Court ruled that a woman who quits her job to care for her minor child is entitled to alimony, as her unemployment is not considered voluntary. The court emphasized that actual income—not earning capacity—is the key factor when determining maintenance. This ruling arose from a case where a man challenged a 2023 family court order directing him to pay Rs 7,500 monthly to his estranged wife and their six-year-old son.
The husband, a district court advocate earning Rs 10,000–15,000, argued that his wife, previously a teacher earning Rs 40,000–50,000, should not receive maintenance. However, the woman asserted she had no choice but to resign due to long commutes and a lack of nearby job opportunities, all while caring for their child alone.
Justice Swarana Kanta Sharma noted the unequal caregiving burden on custodial parents, especially without family support, and cited Supreme Court precedent that earning potential does not equal actual income. The court upheld interim maintenance payments and remanded the case back to the family court for a fresh review, to be completed within one month.
