The Supreme Court today orally observed in a matrimonial dispute that allegations of cruelty such as the wife not adequately performing household chores like cooking and washing do not amount to cruelty warranting divorce.
A bench comprising Justices Vikram Nath and Sandeep Mehta made the significant remark while hearing the husband’s appeal against the High Court order setting aside the Family Court’s decree of divorce granted on the ground of cruelty.
Justice Sandeep Mehta observed, “You’re not marrying a maid, you’re marrying a life partner.” Justice Vikram Nath added, “You have to contribute in this cooking, washing, etc. Today’s times are different.”
The Court has directed both parties to appear in person on the next date of hearing. Earlier, the matter was referred for mediation, but the same failed.
Facts of the Case
The parties got married in 2017 and have an eight-year-old son. The husband filed a divorce petition alleging that within a week of marriage the wife’s attitude changed. He claimed she used filthy language against him and his parents, refused to cook food for the family, and after giving birth to the child, did not invite him to the cradle ceremony.
The wife, on the other hand, contended that she went to her parental home for delivery with the consent of the husband and his family. She alleged that the husband and his family did not attend the cradle ceremony and instead demanded cash and gold from her parents. She further claimed that she was forced to part with her salary.
The Family Court accepted the husband’s version and granted divorce on the ground of cruelty. In appeal, the High Court set aside the decree of divorce. Aggrieved by the High Court judgment, the husband approached the Supreme Court.
The Supreme Court’s observations today indicate that in contemporary times, domestic responsibilities must be shared by both spouses, and mere non-performance of traditional household chores by the wife cannot be equated with cruelty under matrimonial law.
The matter has been kept for further hearing with parties directed to appear personally.
Lawcutor 