On Thursday, the Bombay High Court emphasized that in contemporary society, the division of household duties should be equitable between husbands and wives, as it dismissed a divorce petition filed by a man.
The bench, comprising Justices Nitin Sambre and Sharmila Deshmukh said, "In modern society the burden of the household responsibilities have to be borne by both husband and wife equally. The primitive mindset expecting the woman of the house to solely shoulder the household responsibilities needs to undergo a positive change."
The man's plea challenged a March 2018 order passed by a family court dismissing his plea seeking to dissolve his 13-year-old marriage.The case revolved around a couple who had been married since 2010 and shared a child. The husband had initiated divorce proceedings on the grounds of alleged cruelty, alleging that his wife's constant phone usage led to her neglecting her domestic responsibilities.
In response, the wife contended that she was compelled to manage all household tasks upon returning from work and experienced mistreatment when she communicated with her family. She further asserted instances of physical abuse by her estranged husband.
The court noted that both parties were employed and emphasized that expecting the wife to handle all household responsibilities was indicative of a regressive mindset.
The court said, "Being in contact with one’s parents cannot by any stretch of imagination be construed as inflicting mental agony on the other party. In our view, putting restrictions on the respondent to curtail her contact with her parents, has in fact, subjected the wife to mental cruelty apart from physical cruelty." (sic)
Even though the couple had been living apart for a decade, the court declined to grant a divorce on the basis that there was no prospect of reconciliation.
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