‘Marriage not a licence to control’: Karnataka High Court on wife’s autonomy

“This court does not understand why an Indian woman is required to take permission of all present at her matrimonial home to fulfil her basic desire of visiting her parents’ house as and when she wishes and feels to go,” Justice Sumalatha added.

‘Husband employed wife for chores, look after his parents’

The man also contended that his wife had, over time, stopped doing household chores, failed to look after his parents and repeatedly visited her parents’ home without his or his parents’ permission.

The woman opposed the petition, saying they had lived happily for two years after their marriage, but she was later subjected to abuse and assault by her husband and his family members over trivial issues.

“The averments will certainly make anyone with a minimum amount of common sense feel as if the petitioner/husband, as an employer, employed respondent No. 1 to do household chores and to look after his parents,” the court said, referring to the man’s contentions.

The court said the husband’s contention that his wife visited her parents’ house without his permission revealed his mindset and his desire to control her behaviour and choices.

“This court is of the view that anyone, including a husband, cannot command and demand any female, including his wife, to do the household activities and to look after his parents. Household activities have to be shared by men and women equally.”

‘Marriage not a relationship between unequals’

The court said that caring for one’s parents is primarily the responsibility of their son or daughter, and not their son-in-law or daughter-in-law.

“Looking after the in-laws, either by the son-in-law or by the daughter-in-law, should be a voluntary act, but not by force,” the court said.

“A wife’s dedication to family can never be measured by obedience and submission. Marriage is not a relationship between unequals. Any attempt or venture to deprive the autonomy of a woman or to restrict her liberty merely based on gender is contrary to the principles of equality and against the constitutional spirit of human dignity and social justice,” it added.

Rejecting the petition, the court noted that the husband must pay Rs 9,000 a month in maintenance, amounting to Rs 300 a day, or Rs 150 each for his wife and minor child.

“In the present day scenario, price escalation and cost of living Rs.150 per head per day will not be sufficient for eking out livelihood at least with minimum standards.”