The Supreme Court on Friday said that a wife not cooking or doing household chores cannot amount to cruelty in a marriage.
A bench of Justices Vikram Nath and Sandeep Mehta said that such expectations are outdated and misplaced.
Household work is a shared responsibility and not the sole burden of the wife, the Court underscored.
“You’ve not cooked food, you’ve not cleaned the house, you’ve not done mopping. The High Court is right. This cannot be a ground for cruelty. Husband must equally participate in cooking, cleaning, washing, everything. Today’s times are different. You are not marrying a maid. You are marrying a life partner,” it remarked.
Husband must equally participate in cooking, cleaning. You are not marrying a maid. You are marrying a life partner.Supreme Court
The Court was hearing an appeal against a High Court order which had set aside a trial court decree granting divorce to the husband. The husband had alleged cruelty, including improper behaviour and failure to perform household duties.
The Court, however, was not inclined to accept this as cruelty.
It also took note of the fact that the couple have an eight-year-old child living with the mother. Both parties are educated and employed - the husband a school teacher and the wife a lecturer.
In that context, the Bench questioned the continued separation.
“If both are educated, working, not financially dependent on each other, then why not live together for the welfare of the child?” the Court asked.
The wife, through her counsel, reiterated her willingness to return to the matrimonial home. The husband's counsel pointed out that the offer was coming after several years of separation.
In view of the competing positions and the nature of the dispute and the fact that mediation had already failed once, the Court decided to call both parties in person to explore the possibility of reconciliation.
The matter has been listed on April 27 with directions to both parties to remain present before the Court.