Marriage Requires Equal Distribution Of Household Burden: Bombay HC

In a recent decision that underscores the changing dynamics of marital responsibilities in contemporary society, the Bombay High Court has made a significant statement. A division bench of Justices Nitin Sambre and Sharmila Deshmukh, on September 6, dismissed an appeal filed by a 35-year-old man seeking the dissolution of his 13-year-old marriage. 

The crucial factor in this ruling was the husband's inability to substantiate his claim of 'cruelty' against his estranged wife.

The Appeal and Background

The man had contested a March 2018 order from a  family court that had rejected his plea for divorce. The couple, who tied the knot in 2010, had faced a myriad of issues throughout their marriage. 

The husband contended that his wife was perpetually engrossed in conversations with her mother and had shirked her household responsibilities. 

On the other hand, the wife maintained that she was compelled to bear the entire burden of household chores upon returning from her job and had endured abuse when reaching out to her family. 

She further alleged that her estranged husband had subjected her to physical abuse on multiple occasions.

A Progressive Ruling

In delivering their verdict, the Bombay High Court emphasised a pivotal facet of contemporary society – the equitable distribution of household responsibilities within a marriage. 

The judges pointed out that both the husband and wife were gainfully employed, and expecting the wife to shoulder the entire brunt of household work harked back to a regressive mindset.

"In modern society, the burden of household responsibilities has to be borne by both husband and wife equally," asserted the court. 

This declaration underscores a crucial shift away from traditional gender roles, reflecting the evolving nature of marital relationships.

Protecting Family Ties

Furthermore, the court emphasised the importance of preserving familial bonds. 

The judgement stated that the marital relationship should not lead to the wife becoming estranged from her parents. Restricting her contact with her family, the court argued, constituted both mental and physical cruelty.

"Being in contact with one's parents cannot by any stretch of imagination be construed as inflicting mental agony on the other party," the bench observed. 

This sentiment highlights the significance of maintaining personal relationships outside the marriage, acknowledging the role of extended family in an individual's life.

The Bombay High Court's ruling serves as a significant milestone in redefining the dynamics of marital responsibilities in modern society. 

It highlights the need for an equal distribution of household duties between spouses and emphasises the importance of preserving familial ties. 

This judgement reflects a growing recognition of the evolving nature of relationships and gender roles, signalling a more progressive outlook towards matrimonial harmony.

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