A qualified married woman’s sacrifice or choice to give up her career to look after the needs of her family should be taken into consideration by courts while deciding her alimony after break-up, the Supreme Court has said.
The alimony should financially cover her efforts to get back on her feet professionally.
The Supreme Court said the courts should also keep in mind the fact that it would be difficult for women, who had left their jobs to care for her family, to find suitable jobs after a break of several years.
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The observations and concerns are part of a significant judgment delivered on Wednesday, laying down uniform and comprehensive guidelines for courts while deciding alimony cases. The judgment was authored by a Bench led by Justice Indu Malhotra, who said the age and employment opportunities of women should be prime factors in alimony cases.
“On termination of the relationship, if the wife is educated and professionally qualified, but had to give up her employment opportunities to look after the needs of the family, being the primary caregiver to the minor children and the elder members of the family, these factors would be required to be given due importance,” Justice Malhotra wrote.
Employment opportunities open to a woman seeking work after long years of domestic life is of particular relevance in contemporary society, given the highly competitive industry standards. “The separated wife would be required to undergo fresh training to acquire marketable skills and re-train herself to secure a job in the paid workforce to rehabilitate herself. With advancement of age, it would be difficult for a dependant wife to get an easy entry into the workforce after a break of several years,” Justice Malhotra observed.
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