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The Madras High Court recently observed that with women increasingly becoming career-oriented, marriage is not proving to be a “win-win proposition” for some career women, particularly those in the IT sector and other professions. The Court noted that some women may view marriage as an impediment to their career prospects and choose not to marry.A bench of Justice GR Swaminathan and...

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The Madras High Court recently observed that with women increasingly becoming career-oriented, marriage is not proving to be a “win-win proposition” for some career women, particularly those in the IT sector and other professions.

The Court noted that some women may view marriage as an impediment to their career prospects and choose not to marry.

A bench of Justice GR Swaminathan and Justice MD Sumathi noted that while traditionally the husband was expected to provide financial resources and the wife took care of the domestic sphere, the roles have been changing over the last few decades, with women increasingly pursuing careers.

The Court observed that this change was “taking a toll in many relationships” and suggested that “if there can be house wives, there can be house husbands also”, adding, “Let this become a new normal.”

Traditionally, the responsibility of raising the financial resource rested on the husband, the wife took care of the domestic front. Both the roles are entitled to equal respect. This position has been changing over the last half a century. Women are also increasingly becoming career oriented. We note that this is taking a toll in many relationships. Particularly, in IT sector and professions. Marriage is not proving to be a win-win proposition for career women. Since such women see marriage as an impediment to their career prospects, they choose to skip it altogether. The number of unmarried women is on the rise,” the court observed.

The court added that a possible remedy to the situation could be husbands opting to be homemakers. The court emphasised that when women could be housewives, men could also be house husbands. The court added that the expression home maker was gender neutral and if men chose to become house husbands, it could preserve the institution of marriage.

The situation can probably be remedied if husbands would opt to be home makers…If there can be house wives, there can be house husbands also. Let this become a new normal. We are of the view that this would help preserve the institution of marriage and family. The expression home maker is general neutral. Oxford Advanced Learner's Dictionary defines home maker as a person who works at home and takes care of the house and family. The Hon'ble Supreme Court has been underlining the fact that the tasks carried out by a house wife as a home maker has enormous economic value,” the court said.

The court made the observations while hearing two petitions- one by the husband and another by the wife against the order of the family court dismissing the plea for divorce and the plea for restitution of conjugal rights filed by the parties, respectively.

The marriage between the parties took place in 2011 as per Hindu rites and customs. Both the parties were employed at the time. In 2012, a male child was born to the parties. When the husband, who was already holding an MD degree, wanted to pursue further studies, the wife chose to stay back with her parents. The husband used to visit the wife and the child monthly at the in-laws' house while undergoing DM Cardiology.

In 2016, another son was born to the couple. After finishing DM Cardiology in 2017, the husband wanted to acquire an FNB (Interventional Cardiology) qualification, and the wife continued to be at her maternal home. The husband continued to pay monthly visits. When corona struck, the husband joined the wife at her maternal house. The court noted that at the time, the husband had no difficulty being at the in-laws' place.

Later, when the husband's career prospects brightened, he wanted to move out of the in-laws' house, which was not accepted by the wife. This created a discord between the couple, and even a physical scuffle took place.

The wife later filed a plea for restitution of conjugal rights, while the husband filed a plea for divorce on the ground of cruelty. The Family Court, however, dismissed both the pleas, and the parties approached the High Court by way of appeal.

The court noted that the husband was comfortable with being at the in-laws' place till he was qualified, and once he blossomed into a successful professional, the same arrangement was not feasible for him. The court noted that after becoming successful, the husband's male ego asserted itself in all its glory.

The court remarked that while the husband was focussing on sharpening his skills, the wife's abilities had become blunt. The court thus remarked that it would have been just if the husband acknowledged the role played by the wife in taking care of the family and mothering two kids.

After interacting with the parties, the court was satisfied that the marital relationship was dead and broken down beyond repair. However, noting that the wife would be left nowhere when the husband abandoned her, the court called upon the husband to make a fair offer. The husband then agreed to pay Rs 2.5 crore, which was accepted by the wife.

The court thus directed the husband to deposit 1.5 crore in the wife's name and Rs 50,00,000 each in the name of the minor children and dissolved the marriage between the parties.

Counsel for Appellant: Mr. M. Subash Babu, Senior Counsel for Mr. C. Susikumar

Counsel for Respondent: Mr. B. Arun

Case Title: V v A

Citation: 2026 LiveLaw (Mad) 460

Case No: CMA(MD) No. 1257 of 2024

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