Marriage is a partnership of equals, not service contract: HC
MUMBAI, May 17 -- A wife's inability or refusal to perform household chores such as cooking and cleaning does not amount to cruelty under law, the Bombay High Court has ruled, stating that marriage is "a partnership of equals" and not a "service contract".
Setting aside a Bandra family court 2010 order that had granted divorce to a Malad-based man, a division bench of justices Bharati Dangre and Majusha Deshpande said ordinary domestic disagreements did not meet the legal threshold for cruelty under the Hindu Marriage Act, 1955.
"For grant of divorce on the ground of cruelty, the actions complained of must be severe and cause extreme mental or physical violence rather than ordinary household disagreements," the court said.
The high court's May 8 judgment came in an appeal filed by a woman from Cotton Green challenging a July 2010 family court decree dissolving her marriage. The couple got married in February 2002. Disputes arose within days of cohabitation, though they briefly reconciled through mediation in June 2002. However, the wife left the matrimonial home the following month. Two years later, the husband filed a divorce petition on the grounds of cruelty, contending that his wife behaved improperly with him and his parents, did not do household work and frequently visited her parents. The wife opposed the plea and sought maintenance and residential accommodation, alleging harassment and dowry demands.
The family court had accepted the husband's allegations and granted divorce, while rejecting the wife's plea. Challenging the order, the wife approached the high court.
The high court said the allegations were neither proved nor grave enough to constitute cruelty under the Hindu Marriage Act. It struck down the divorce order and also held that the woman, as a legally wedded wife, was entitled to maintenance and directed the husband, a chartered accountant, to pay her Rs.20,000 per month towards maintenance and residential accommodation....
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