‘Wives Not Deemed Maids’: Bombay High Court Says Refusal To Do Household Chores Not Cruelty

Last Updated:May 27, 2026, 09:53 IST

Setting aside the divorce decree, the High Court said the allegations made by the husband were “trivial” and reflected disagreements common in the early stages of marriage.

In a significant ruling, the Bombay High Court has held that wives cannot be considered as “deemed maids" and their refusal to perform household chores such as cooking and cleaning does not amount to cruelty and cannot be grounds for divorce.

A division bench of Justice Bharati Dangre and Justice Manjusha Deshpande quashed and set aside a judgment of the Mumbai Family Court, which in 2010 granted divorce to a Chartered Accountant husband on grounds of cruelty, LiveLae reported.

The High Court observed that “marriage is a partnership of equals and not a service contract" and that wives are not “deemed maids". It ruled in favour of the estranged wife and directed the husband to pay her Rs 20,000 every month as maintenance.

“Mere failure to perform domestic work such as cooking, cleaning does not automatically amount to cruelty as marriage is a partnership of equals and not a service contract and wives are not ‘deemed maids’," the bench observed.

The judges found that the conclusions drawn earlier by the Family Court were not sustainable and said the husband had failed to establish cruelty on the part of his wife.

The couple had married in February 2002, but disputes arose within months. The husband alleged that his wife failed to perform domestic chores, could not cook properly, disrespected his parents, and caused embarrassment to the family. He also accused her of rude behaviour and mental harassment.

The wife denied the allegations and claimed she was harassed for dowry and subjected to humiliation and physical assault by her husband and in-laws, which forced her to leave the matrimonial home in July 2002.

Setting aside the divorce decree, the High Court said the allegations made by the husband were “trivial" and reflected ordinary disagreements common in the early stages of marriage.

“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 bench said in its judgment pronounced on May 8.

The court noted that the marriage lasted only a few months and that occasional quarrels, lack of expertise in cooking, or refusal to do household work could not be treated as cruelty serious enough to make cohabitation impossible.

The bench also ruled in favour of the wife’s maintenance plea, observing that the husband’s financial capacity could not be judged only on the basis of income disclosed in tax returns. Considering his qualifications as a chartered accountant and rising living expenses, the court directed him to pay Rs 20,000 per month to his estranged wife towards maintenance and rent.

The High Court further remarked that “ordinary wear and tear of marriage" should not be given undue weightage to dissolve a marriage on grounds of cruelty.

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