"If There Can Be House Wives, There Can Be House Husbands Also": Madras HC [Read Judgment]

Madurai: The Madurai Bench of the Madras High Court has dissolved the marriage of a doctor couple by mutual consent, directing the husband, a cardiologist, to pay a total of Rs.2.5 crore towards the wife and their two minor children, while making pointed observations on evolving gender roles within marriage and remarking that the concept of a "home maker" need not be confined to wives alone.

The bench of Justice G.R. Swaminathan and Justice M.D. Sumathi, was hearing two connected Civil Miscellaneous Appeals filed under Section 19 of the Family Courts Act, 1984 against the common order dated 01.08.2024 of the Family Court, Theni, which had dismissed both the husband's petition seeking divorce on the ground of cruelty and the wife's petition seeking restitution of conjugal rights.

The parties, both doctors then employed at Sri Venkateshwara Medical College Hospital, Pondicherry, married in February 2011. While the husband, already holding an MD degree, went on to pursue a DM in Cardiology, completed in 2017, and thereafter an FNB in Interventional Cardiology, the wife, Dr. Aarthi, chose to stay back with her parents at Theni to raise their two children, born in 2012 and 2016, with the husband paying regular visits until he finally joined the household in April 2020. Discord arose once his professional prospects improved and he sought to move out of the in-laws' residence, culminating in a physical altercation and cross-litigation: the wife's petition for restitution of conjugal rights, and the husband's petition for divorce on the ground of cruelty, both of which the Family Court, Theni dismissed by its common order under appeal.

Observing that the marriage had made both parties unhappy and that the Family Court's order had achieved the unusual outcome of leaving both sides dissatisfied, the Bench went on to make broader observations on the changing dynamics of modern marriages, noting that career-oriented women increasingly find marriage an impediment to their professional growth, and suggesting that this trend could be addressed if husbands were more willing to take on home-making responsibilities.

The Court observed: “If there can be house wives, there can be house husbands also. Let this become a new normal.”

Calling both parties to appear in person, the Bench found that the marriage had broken down beyond repair, with the husband himself describing the relationship as dead. Noting that the wife had forgone her own higher studies to raise their two children while the husband advanced professionally, the Court reminded him of his financial obligations as a father and called upon him to make a fair settlement offer, which he fixed at Rs.2.5 crore, agreeable to the wife, with both consenting to dissolution of the marriage by mutual consent.

Satisfied that the statutory conditions under Section 13B of the Hindu Marriage Act, 1955 stood fulfilled, the parties having lived separately for over five years, the Court waived the mandatory six-month cooling-off period in view of the prolonged pendency of the litigation. It set aside the Family Court's order, dissolved the marriage by a decree of divorce by mutual consent, and directed the husband to deposit Rs.1.5 crore in the wife's bank account within three months, and Rs.50 lakh each for the two minor children within a year thereafter, with the wife entitled to withdraw the accrued interest every six months and the children entitled to the principal amounts upon attaining majority. The decree of divorce was made contingent upon fulfilment of these financial obligations, and the appeals were disposed of accordingly, without costs.

Appearances:

In C.M.A.(MD) No. 1257 of 2024 — For the Appellant: Mr. M. Subash Babu, Senior Counsel for Mr. C. Susikumar; For the Respondent: Mr. B. Arun.

In C.M.A.(MD) No. 1446 of 2024 — For the Appellant: Mr. B. Arun; For the Respondent: Mr. M. Subash Babu, Senior Counsel for Mr. C. Susikumar.

Case Title: C.M.A.(MD) No. 1257 of 2024 with C.M.A.(MD) No. 1446 of 2024

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