The Supreme Court of India on Friday observed that a husband must equally participate in household chores such as cooking, cleaning, and washing, emphasizing that marriage is a partnership of equals rather than the hiring of domestic help. The bench, comprising Justice Vikram Nath and Justice Sandeep Mehta, made these remarks while hearing a plea by a man who sought a divorce on the grounds that his wife’s refusal to cook constituted “cruelty.”
Marriage as a Partnership of Equals
The apex court was hearing a petition challenging an order from the Karnataka High Court, which had previously overturned a trial court’s decision to grant the man a divorce. During the proceedings, the counsel for the husband argued that the marriage, which took place in May 2017, had effectively broken down, with the couple living separately since 2019.
When the bench enquired about the specific nature of the “cruelty” alleged by the husband, his counsel stated that the woman exhibited improper behavior and was not preparing meals.
Rejecting the notion that a wife’s refusal to perform all domestic tasks qualifies as cruelty, Justice Vikram Nath remarked, “You have to equally participate in all these. Cooking, cleaning, washing, everything. Today’s times are different.”
Justice Sandeep Mehta added, “You are not marrying a maid. You are marrying a life partner.”
Background of the Case
The court noted that both the husband and the wife are employed as teachers in a government school. Despite their professional parity, the husband had sought to uphold a trial court order that had initially granted him a divorce based on his allegations of domestic negligence by the wife.
The Karnataka High Court had earlier intervened, setting aside the trial court’s decree after finding that the grounds cited did not meet the legal threshold for “cruelty” under matrimonial law. The Supreme Court’s observations on Friday aligned with the High Court’s stance, suggesting that domestic responsibilities in a modern marriage must be shared.
Court Orders Physical Appearance
The Supreme Court was informed that prior mediation efforts between the parties had failed. Seeking to understand the situation directly from the couple, the bench has directed both the husband and the wife to appear physically before the court.
“Call both parties physically. We would like to speak to them,” the bench stated.
The matter has been posted for a follow-up hearing on April 27, where both parties are required to be present.
