Inappropriate To Assess Caregiving Challenges Of Single Parent Through Gendered Lens: Delhi High Court

The Delhi High Court has ruled that while adjudicating disputes before Family Courts, it is neither appropriate nor permissible to assess the caregiving capacities of a single parent through a gendered lens.Justice Swarana Kanta Sharma said that the role of a caregiver, whether assumed by the mother or the father, entails equal emotional, psychological, and material commitments, and the effort involved cannot be discounted merely because the caregiver is the father. “That said, this Court is also conscious that the social realities faced by a single mother and a single father are not identical. In many cases, especially in Indian society, a single mother may find it difficult to return to or be comfortably accommodated in her parental home, whereas a father, continuing in his parental household, may face relatively fewer societal barriers. However, such distinctions do not permit a mechanical comparison or an assumption of lesser hardship on the part of such a single father,” the Court said. It added that each case must be evaluated on its own facts, without undermining the genuine efforts of either parent who assumes the responsibility of single-handedly caring for minor children. “It is also to be noted that in India, a single father is not entitled to child care leave. A mother is entitled to child care leave whether single or not. This may pose significant challenges for a single working father who has to care for the psychological and emotional needs of the minor children in his custody and also ensure running ofa household with minor children while ensuring that his career possibilities and progress does not suffer as in the case of a single mother,” the Court said. Justice Sharma was dealing with a husband's plea challenging a family court order directing him to pay ad-interim maintenance of Rs. 12,000 per month to the wife, notwithstanding the charges being paid by him towards the house rent.The wife continued to reside in a government accommodation allotted to the husband, who was a Head Constable in Delhi Police. The husband alleged that he was forced to vacate the said accommodation along with the two minor children and thereafter shifted to his parental home with his aged mother and children. According to him, despite not residing there, deductions towards HRA and water charges continued to be made from his salary. In September 2022, the wife filed proceedings under Section 125 of CrPC seeking maintenance. In 2023, the Family Court directed the husband to pay Rs. 12,000 per month as ad-interim maintenance. Subsequently, the Family Court reiterated the direction after holding that deductions towards HRA could not be treated as payment of maintenance and that the husband had failed to comply with the maintenance order.In appeal, the High Court said that so long as the wife continues to. occupy the Government accommodation allotted to the husband, the financial deductions towards the same will have to be taken into consideration while arriving at the quantum of maintenance.It concluded that the Family Court erred in not accounting for the deductions towards HRA and water charges and in failing to clarify the components and scope of the ad-interim maintenance awarded.“Accordingly, the impugned order is set aside and the matter is remanded to the learned Family Court for fresh consideration, after affording both parties an opportunity to place updated income affidavits and supporting material on record,” the Court said.Title: X v. YClick here to read order

Inappropriate To Assess Caregiving Challenges Of Single Parent Through Gendered Lens: Delhi High Court

Nupur Thapliyal

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