The husband claimed that the woman was able to earn and maintain herself and the child. She was a highly educated and a guest teacher in a Delhi government school.
New Delhi: The Delhi High Court has said that a woman was not voluntary to leave the job as a single guardian to take care of her child and she was entitled to receive alimony. Justice Swarna Kanta Sharma said in an order on 13 May that this situation can be seen as a result of the highest duty of taking care of the child. As a result, the court refused to cancel the order of the trial court to interim maintenance to a woman and her minor son. The husband challenged the trial court’s order of October 2023, in which he was asked to give a living allowance of Rs 7,500 per month to his separate wife and child.
Instructions to give Rs 4,500 monthly for child
The High Court instructed the husband to give Rs 4,500 monthly for his child. Also, continue to give equal monthly amount to the woman. The court said that it is well known that the responsibility of taking care of a minor child is on his guardian, which often limits their ability to get full -time employment, especially in cases where there is no support of the family to take care of the child while staying at the mother’s work. Therefore, it was said in the judgment that the woman’s quitting employment cannot be seen as a voluntary leaving, but should be done as a result of the supreme duty of child care.
Husband said-Women were highly educated and guest teachers in a school of Delhi government
The husband challenged the trial court order on the basis that the woman was highly educated and earlier worked as a guest teacher in a Delhi government school, where she earned a monthly of 40 to 50 thousand rupees including tuition fees. He claimed that the woman was able to earn and maintain herself and the child. The husband argued that the family court made a mistake by not considering the fact that the woman had left her marital house on her own will and despite the court order, she did not resume her relationship with her husband. He claimed that he was ready to live with him and the minor child.
Husband’s argument- used to meet only 10 to 15 thousand rupees monthly as a lawyer
The husband further said that he was practicing as a lawyer in Haryana, where he used to get only 10 to 15 thousand rupees monthly, so he was unable to follow the interim maintenance order of the trial court. On the other hand, the woman argued that she was unable to work due to her responsibilities towards the child. He said that his previous employment was not a valid basis for denying his proper maintenance. The wife argued that it used to take a lot of time to move and she could not get work near the house, so she left her teaching career. The court accepted the woman’s argument and found her explanation “appropriate and justified”. The bench said that the man’s income certificate was not in the record and directed the family court to take a fresh decision to continue the system in interim maintenance and the interim.
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