‘Non-earning doesn’t mean idle’: Delhi High Court affirms value of homemaker’s work; grants maintenance | India News

New Delhi: The Delhi High Court Monday said it is unfair to ignore the work of a domestic worker, as it has helped their spouse to work effectively.Hearing a case for grant of maintenance to an estranged wife under the Protection of Women from Domestic Violence Act, Justice Swarana Kant Sharma observed that unemployment of a wife cannot be equated with idleness or willful dependence and the law must recognize the economic value of her contribution to the home. Justice Sharma said, “That the earning spouse is ‘lazy’ reflects a misunderstanding of domestic contribution. “It is easy to describe unemployment as laziness; It is much more difficult to recognize the labor involved in sustaining a family,” he added.A magisterial court had earlier refused to grant interim maintenance to the woman as she was able-bodied and well-educated but had decided not to seek employment. The High Court noted that earning capacity and actual earning are two different things, and mere earning capacity cannot be used as a ground for denial of maintenance. “Running a household, caring for children, supporting the family, and balancing one’s life around the career and relocation of the earning spouse are all tasks,” the court said. “These jobs are unpaid and often unrecognized, and they don’t show up on bank statements or taxable income. Yet, they form the invisible framework that keeps many families afloat,” it said. The court also noted that Indian society still often expects women to leave their jobs after marriage. However, in many marital disputes, husbands wrongly argue against paying alimony to their well-qualified wives by claiming that they chose not to work. It is also recognized that a woman who leaves her profession due to marriage or family responsibilities cannot be expected to return to the same level, salary or professional position later. In this case, the court found no evidence of the wife’s past or present employment or earnings and awarded her Rs 50,000 under the Protection of Women from Domestic Violence Act.