Madras High Court: 'House Husbands Can Be New Normal' in Marriage Dissolution

Home / News updates ‘House Husbands Can Be A New Normal’: Madras HC On Changing Roles In Marriage X Madras High Court says men can also take up homemaking roles. The Madras High Court says changing gender roles and homemakers’ economic contribution must be recognised as it dissolves marriage under Section 13B of Hindu Marriage Act. The increasing number of women pursuing careers is “taking a toll” on marital relationships, the Madurai Bench of the Madras High Court recently observed while dissolving a marriage after finding that the relationship had broken down beyond repair. A bench of Justices G R Swaminathan and M D Sumathi, in a judgment dated September 23, said women are increasingly becoming career-oriented and observed that “marriage is not proving to be a win-win proposition for career women” . Court also said that the changing roles of husbands and wives could be addressed if more men chose to take up domestic responsibilities . The observations came while the court disposed of two appeals arising from matrimonial proceedings before the Family Court, Theni. The high court set aside the family court's order dismissing both sides' petitions and dissolved the marriage by mutual consent. 'House husbands’ can be a ‘new normal’ The couple had married in February 2011 and had two children. Both were employed at a medical college hospital in Puducherry when they married. The husband, who already held an MD degree, subsequently pursued a DM Cardiology course. To facilitate his higher studies and take care of their child, the wife stayed with her parents at Theni. The husband continued visiting her while pursuing the course, which he completed in 2017. Their second child was born in 2016. The husband later pursued an FNB qualification in Interventional Cardiology and continued making monthly visits to Theni. This arrangement continued until the Covid-19 pandemic in 2020, when he eventually joined his wife and children at her parents' home. Differences arose thereafter, particularly over the husband's desire to move out of his in-laws' house as his professional prospects improved. Court noted that the situation worsened and that a physical altercation also appeared to have taken place. The bench said traditionally , the husband was expected to provide financial resources while the wife took care of the domestic front, but “both the roles are entitled to equal respect”. “If there can be house wives, there can be house husbands also. Let this become a new normal,” court said, adding that such an arrangement could help preserve “the institution of marriage and family” . It also observed that “the expression homemaker is gender neutral” . Homemaker’s contribution has ‘enormous economic value’ The bench referred to the Supreme Court's observations that the work performed by a homemaker has enormous economic value . Applying this to the case before it, court said the husband had been comfortable with the existing family arrangement while pursuing his professional qualifications. But after he became professionally successful, “the male ego asserted itself in all its ‘glory’” . The judges said they called both parties to appear in person and found that “the relationship had broken down beyond repair”. The husband described the marital relationship as “dead” . Court also noted the wife's role in taking care of the family while the husband concentrated on acquiring higher professional qualifications. “It would have been just if the husband who is professionally successful acknowledges the role played by the wife in taking care of the family by mothering two children,” the bench said. “But when the husband abandons midway, the wife is literally left nowhere,” it added. Marriage dissolved after financial settlement The wife had filed a petition seeking restitution of conjugal rights in March 2022, while the husband subsequently sought dissolution of the marriage on the ground of cruelty. The Family Court dismissed both petitions in August 2