The Delhi High Court recently held that if a husband expects his wife to do household chores, it cannot be termed as cruelty to her.A division bench of Justices Suresh Kumar Kait and Neena Bansal Krishna observed that if a married woman is asked to do household work, the same cannot be equated to the work of a maid servant but shall only be counted as her love and affection for her family.“We find that 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 servant and shall be counted as her love and affection for her family. In certain strata, the husband takes over the financial obligations and wife accepts house hold responsibility. Such is the present case. Even if appellant [husband] expected the respondent [wife] to dohousehold chores, it cannot be termed as cruelty,” the Court said.The Court made the observation while granting divorce to man on grounds of cruelty as per the Hindu Marriage Act, 1955.It was the husband’s case that his marriage had been tumultuous since the start due to the quarrelsome and uncompromising conduct of the wife towards him and his family members at every juncture of his life.He alleged wife’s non-contribution in household chores, threats of suicide and implication in false cases followed by recurring abandonment of matrimonial homeAfter considering the case, the Court held that the woman had committed cruelty on the husbandThe Court noted that the wife had no intention to live in a joint family and used to leave her matrimonial home very frequently to live with her parents so as to make herself comfortable.On the other hand, the husband, by arranging separate accommodation, tried his best to keep her happy.
However, by choosing to stay with her parents, the wife not only ignored her matrimonial obligations but also deprived the man of his fatherhood by keeping him away from his son, the Court noted.
“In the light of aforesaid, this Court is of the considered opinion that appellant has been subjected to cruelty at the hands of respondent-wife. The impugned judgment dated 25.11.2019 is hereby set aside and appellant is granted divorce under Section 13(1) (ia) of the Hindu Marriage Act, 1955,” the Court ordered.
Advocates Jatiin Mongia and Anatesh Bannon appeared for the husband.
The wife was represented by advocates Hemant Kumar Srivastava and Amit Kumar.
TAGS: Delhi High Court ruling wife household chores cruelty divorce Hindu Marriage Act 1955
