The Delhi High Court has noted that compelling a wife to perform household tasks against her health constitutes 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 rendered these remarks while finalizing the dissolution of a marital union between a husband and wife pursuant to Section 13(1)(ia) of the Hindu Marriage Act, 1955.
In response to the husband’s appeal, the court overturned the family court’s decision that had dismissed his plea for divorce on grounds of his wife’s alleged cruelty.
The couple married in 2011 and had a son in 2013. The husband contended that their relationship was strained from the start due to the wife’s perceived indifference or disrespect towards him and his family.
He claimed that the wife’s contentious nature led to discord, as she failed to participate in household responsibilities or contribute financially despite being employed. He alleged that her behavior was erratic, often spending prolonged periods at her parents’ home.
Conversely, the wife argued that the husband and his family subjected her to cruelty through mistreatment and harassment, including unlawful dowry demands that persisted even after their child’s birth, causing significant mental distress.
In siding with the husband’s appeal, the court noted the wife’s frequent visits to her parents’ home, ostensibly to care for their child, which deprived the husband and his family of bonding with the child. It further observed discrepancies in her claims, as she admitted during cross-examination that a maid was available at their marital home to handle household tasks.
The court dismissed her accusations, highlighting her failure to file complaints under Section 498A of the Indian Penal Code regarding dowry or jewelry disputes, indicating a calculated decision to leave the marriage.
Addressing the wife’s allegations of the husband’s infidelity, the court condemned such baseless claims as the utmost cruelty, capable of undermining the marriage’s foundation.
“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.
