Mumbai: The Bombay High Court has ruled that a wife’s inability or refusal to perform household chores such as cooking and cleaning cannot be treated as “mental cruelty” in a marriage. The court stressed that marriage is a partnership of equals and not a service contract.

A division bench of Justice Bharati Dangre and Justice Manjusha Deshpande made the observation while dismissing a husband’s divorce petition filed on grounds of cruelty. The court said a wife cannot be treated like a bonded maid and ordinary marital differences do not amount to cruelty under the law.

The case involved a couple married in 2002, where the husband alleged that the wife did not cook, clean, obey his parents, and caused him mental stress. The wife, however, claimed that she was forced to do all household work and faced harassment from her husband and in-laws.

The High Court observed that the allegations raised by the husband were “ordinary” issues commonly seen during the early stages of marriage and could not be considered serious enough to justify divorce. The court added that cruelty under the Hindu Marriage Act must involve grave and persistent behaviour making it impossible for spouses to live together.

Setting aside an earlier Family Court order granting divorce, the High Court also directed the husband, a Chartered Accountant, to pay the wife Rs 10,000 monthly as maintenance and an additional Rs 10,000 towards accommodation, noting there was no proof that she had a stable independent income.

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