Expecting wife to do household chores does not amount to cruelty: Delhi HC

The HC noted that in some cases, the husband handles the financial obligations and the wife accepts household responsibility. Thus, expecting the wife to do household chores can't be termed as cruelty

The Delhi High Court on Wednesday observed that a husband expecting his wife to do household chores cannot be termed as cruelty. However, a wife asking her husband to live separately from his family does amount to cruelty, the court said, citing a Supreme Court judgement.

The HC's observations followed while dealing with an appeal filed by a man against a family court order refusing to grant him divorce on the ground of cruelty by his wife.

In his argument, the husband told the court that he was aggrieved by his wife's non-contribution in household chores, abandonment of matrimonial home and false implication in criminal cases at her behest. He further said that his wife and in-laws insisted that he lived separately from his parents.

 

Narendra versus. K. Meena SC verdict

On this, a bench headed by Justice Suresh Kumar Kait noted that "In the case of Narendra versus. K. Meena, it has been observed by the Supreme Court that asking a son to separate from his family amounts to cruelty. It was stated that, for a Hindu son in India, it is not a common practice or desirable culture to get separated from his family after marriage."

Wife's contribution not equal to servant's job

"When the parties enter into a wedlock, their intent is to share the responsibilities of future life. In a catena of decisions, it has already been held that if a married woman is asked to do household work, the same cannot be equated to the work of a maid and shall be counted as her love and affection for her family. In certain strata, the husband takes over the financial obligations and the wife accepts household responsibility. Such is the present case. Even if the appellant expected the respondent to do household chores, it cannot be termed as cruelty," the court stated.

Noting that the couple had been living separately since 2010, the court said that the respondent wife had "no intention to live in joint family and to make herself comfortable".

"The appellant on the other hand by arranging separate accommodation tried his best to keep her happy" but she "ignored" her matrimonial obligations.

It concluded that the appellant had been subjected to cruelty by his wife and granted him divorce under Section 13(1) (ia) of the Hindu Marriage Act, 1955.

(With PTI inputs)