The Delhi High Court has observed that forcing a wife to carry out household chores despite her health condition amounts to cruelty.
“In our opinion, when a wife indulges herself to do household chores, she does it by affection and love for her family. However, if her health or other circumstances do not permit her to do so, forcefully asking her to do house hold chores would certainly be cruelty,” a division bench of Justice Suresh Kumar Kait and Justice Neena Bansal Krishna said.
The court made these statements while finalizing the dissolution of a marriage between a husband and wife under Section 13(1)(ia) of the Hindu Marriage Act, 1955. Responding to the husband’s appeal, the court reversed the family court’s decision, which had rejected his plea for divorce based on allegations of cruelty against his wife. The couple tied the knot in 2011 and welcomed a son in 2013. The husband argued that their relationship was strained from the beginning due to his wife’s perceived neglect or disrespect towards him and his family. He claimed that his wife’s confrontational behavior led to conflicts as she failed to fulfill household duties or contribute financially despite being employed. He alleged that her conduct was erratic, often spending extended periods at her parents’ residence. In contrast, the wife contended that her husband and his family subjected her to cruelty through mistreatment and harassment, including unlawful dowry demands that persisted even after the birth of their child, causing significant mental anguish. Supporting the husband’s appeal, the court noted the wife’s frequent visits to her parents’ home under the pretext of caring for their child, which deprived the husband and his family of bonding time with the child. The court also observed discrepancies in her statements, as she admitted during cross-examination that a maid was available at their marital home to manage household chores. The court dismissed her allegations, emphasizing her failure to lodge complaints under Section 498A of the Indian Penal Code regarding dowry or jewelry disputes, suggesting a deliberate decision to exit the marriage. Addressing the wife’s accusations of the husband’s infidelity, the court condemned such unfounded claims as the utmost cruelty, capable of undermining the foundation of the marriage.
“It is apparent that respondent in public, treated the appellant in such a manner which caused loss to his respect, due to which appellant has suffered immense cruelty at the hands of respondent. It is not only that respondent raised hue and cry at appellant’s workplace but also went to his relative’s place to tarnish his image,” the court said.
