Expecting Wife To Do Household Chores Is Not Cruelty, Asking Husband To Leave His Family Is: Court
The Delhi High Court has held that a husband expecting his wife to do household chores cannot be termed as cruelty.
The court also said that a wife asking her husband to live separately from his family amounts to cruelty.
The court's observations came while dealing with an appeal by a man against a family court order refusing to dissolve his marriage on the grounds of cruelty by his wife.
What the husband said
The husband said he was aggrieved by the wife's non-contribution in household chores, abandonment of matrimonial home and false implication in criminal cases at her behest.
He also alleged that his estranged wife and her family insisted that he lived separately from his family.
He further stated that he and his family members were acquitted in cases filed by the wife.
The petitioner, a CISF personnel, had sought the dissolution of his marriage under Section 13(1) of the Hindu Marriage Act, 1955 (HMA).
Son obliged to take care of parents
A Delhi High Court bench of Justice Suresh Kumar Kait and Justice Neena Bansal Krishna that a son has a moral and legal obligation to take care of his aged parents, who have no or negligible source of income, and it is not a desirable culture for Hindu son to get separated from his family after marriage.
"In the case of Narendra Vs. 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," the bench said.
Wife expected to take some responsibility
"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 household responsibility. Such is the present case. Even if appellant expected the respondent to do household chores, it cannot be termed as cruelty," the court stated.
Husband subjected to cruelty: court
The court noted that the couple had been living separately since 2010 and the wife had "no intention to live in a joint family."
Noting that the husband has been subjected to cruelty at the hands of the wife the court allowed his appeal and granted him divorce.
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