Forcing wife to do daily chores cruelty, says Delhi high court

Delhi High Court rules forcing a wife to do household chores when her health does not permit is cruelty, grants divorce to husband in a similar case.

Forcing a wife to do household chores when her health does not permit it amounts to cruelty, the Delhi high court held on Tuesday, adding that when a wife indulges in such acts of her own will she does them out of affection and love for her family.

The husband approached the high court against the family court’s November 2022 order of dismissing his plea seeking divorce on the grounds of cruelty. (HT Archive)

“In our opinion, when a wife indulges herself to do household chores, she does it by affection and love for her family... if her health or other circumstances do not permit her, forcefully asking her to do household chores would certainly be cruelty,” said a bench of justice Suresh Kumar Kait and Neena Bansal Krishna said while passing a verdict in a divorce case.

Even as it laid down these broad general principles, in the facts of the case before it, the high court noted that there was no cruelty committed by the man because he did not force the woman to do the household chores. Instead, he ensured there was a house help to do domestic work, it pointed out.

On the other hand, the high court said, the facts of the present case suggested that the woman was in the wrong since she not only levelled wild accusations of extramarital affairs against her husband but also pursued criminal complaints against him and his family members. The court eventually allowed the man’s plea and granted him divorce.

The husband approached the high court against a November 2022 family court order dismissing his plea seeking divorce on the grounds of cruelty.

The husband in his petition before the high court alleged that his marriage was strained right from its inception due to his wife’s disrespect towards him and his family, adding that she neither participated in day-to-day chores nor contributed financially to the household expenses.

The husband further stated that his wife levelled allegations that he was having an affair. He said that the family court failed to appreciate that his wife treated him with cruelty.

“Such allegations that assassinate the spouse’s character amount to highest cruelty, which shall shake the foundation of marriage. In the present case, the respondent by levelling allegations of extramarital affair, has committed immense cruelty on him,” the court said.