The victim, or a qualified married woman’s decision to quit her career to attend to her family’s needs, should be considered by the courts when deciding on her post-separation alimony, the Supreme Court said.
The maintenance should cover financially her efforts to get back on her feet professionally.
The Supreme Court said the courts should also take into account that women who had left their jobs would find it difficult to look after their families to find suitable jobs after a hiatus of several years.
The observations and concerns are part of a significant ruling passed on Wednesday that sets consistent and comprehensive guidelines for courts to follow while maintenance cases are settled. The verdict was drafted by a bank led by Justice Indu Malhotra, who said that women’s age and employment opportunities should be major factors in support cases.
“If the woman has an education and is professionally qualified at the end of the relationship, but has had to give up her employment opportunities to take care of the needs of the family, this is the main caregiver of the underage children and elderly family members. Factors should be given due consideration”, wrote Justice Malhotra.
Employment opportunities for women seeking work after long years of domestic life are of particular concern in today’s society, given the highly competitive industry standards. “The separated woman would have to complete a new training course in order to acquire marketable skills and to retrain herself in order to secure a job in the paid workforce and to rehabilitate herself. As they age, it would be difficult for a dependent woman to find easy entry into the world of work after a break of several years, ”noted Justice Malhotra.
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