Wife should intimate her wish to not perform household work prior to marriage: Bombay High Court

The Aurangabad Division Bench of Bombay High Court has ruled that if a married woman does not wish to perform household work, she should intimate her wish prior to marriage so that the couple can rethink the marriage itself.

Court made these observations upon quashing an FIR against a man, his mother, and his elder sister after the wife of the man alleged that she was treated like a "maid servant" after a month of marriage.

“If a married lady is asked to do household work definitely for the purpose of the family, it cannot be said that it is like a maid servant. If she had no wish to do her household activities, then she ought to have told it either prior to the marriage so that the bride-groom can rethink about the marriage itself or if it is after marriage, then such problem ought to have been sorted out earlier. Her FIR is also silent on the point as to whether there was maid servant at her matrimonial home for doing the work of washing utensils, wash clothes, sweeping etc., which is generally given to the maid servant," court said.

The husband, his mother, and his elder sister were booked under Sections 323, 504, and 506 read with Section 34 of IPC.

The wife had also alleged that the accused persons had demanded Rs. 4 lakhs for purchasing a four-wheeler, to which the wife responded that her father does not have the money, upon which she alleged that she was mentally and physically harassed. It was also alleged that when she was pressurised for birthing a son and assaulted by her mother-in-law and elder sister of the husband by slaps and kicks.

The lawyer for the three accused family members argued that the woman had filed a similar complaint during her first marriage which eventually resulted in acquittal. He also argued that the man had purchased a four-wheeler through a bank loan and therefore there was no question of demanding any money.

The Additional Public Prosecutor and the advocate for the woman complainant strongly objected to the application and submitted that since the investigation has been done and evidence has come, this is not a fit case where the FIR as well as entire proceedings should be quashed and set aside.

The High Court while allowing the application stated that

“According to her own FIR, which is then supported by in stereotype way by her parents and other relatives that she was treated properly for about a month, it is then vaguely stated that she was treated like a maid servant. She has not given details of the same.”

The court quashed and set aside the FIR against the husband, his mother, and elder sister on the ground that all the allegations made by the wife were vague and noted that

“It is in fact already conferred under Section 498-A of IPC and unless those other offenses are shown which would amount to "cruelty", offense under Section 498-A of IPC cannot be made out and, therefore, it would be a futile exercise to ask the applicants to face the trial.”

Case title: Sarang Diwakar Amle & Ors. vs State of Maharashtra & Anr.