In a strikingly innovative, out-of-the-box thinking, the Madurai Bench of the Madras High Court has said that “house husband” should become the new normal. The court made the observation while dissolving the marriage of a doctor couple who had been living separately for more than five years.
A Division Bench of the Madurai Bench of the Madras High Court, comprising Justice G.R. Swaminathan and Justice M.D. Sumathi, on September 23 heard a petition filed by K. Venkatesan and V. Aarthi.
The judge said, “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 gender neutral. Oxford Advanced Learner’s Dictionary defines ‘home maker’ as a person who works at home and takes care of the house and family. Supreme Court has been underlining the fact that the tasks carried out by a house wife as a home maker have enormous economic value.”
Justice Swaminathan, who authored the eight-page order, said, “The marriage between Dr. K. Venkatesan and Dr. V. Aarthi was solemnised on 09.02.2011 at Tiruvannamalai as per Hindu rites and customs. Both were then employed at a medical college hospital in Pondicherry. A male child, Guhan Venkatesh, was born on 04.02.2012. Dr. K. Venkatesan, who was already holding an M.D. degree, wanted to pursue further studies and got a seat in the D.M. Cardiology course. Dr. Aarthi chose to stay back with her parents at Theni and her husband was paying regular visits to Theni even as he was undergoing the D.M. Cardiology course, which he completed in the year 2017.”
In the meanwhile, one more child, Nithin Venkatesh, was born on 03.02.2016. Venkatesan wanted to acquire an FNB (Interventional Cardiology) qualification. He continued to make monthly visits as before. This continued till April 2020, when Corona struck. Venkatesan at last joined Aarthi for good. He had no difficulty in being with the in-laws, who are pensioners.
The marital relations between them worsened and there was a scuffle between them. Aarthi filed a petition on 17.03.2022 before the Family Court seeking restitution of conjugal rights. Venkatesan filed a petition on 29.04.2022 before the Family Court, Thiruvannamalai, for dissolving his marriage with the respondent on the ground of cruelty. This OP was transferred to the Family Court, Theni, and the judge dismissed both the petitions on April 1, 2024.
The HC said, “Marriages may make both the parties unhappy. But the outcome of an adversarial litigation must make at least one party happy. But this Judge succeeded in making both unhappy. As a result, both appealed against the order and that is how, they are before us.”
The court said, “Unlike the modern western societies, in Bharathiya culture, it is the family and not the individual which is the foundational unit. Traditionally, the responsibility of raising the financial resource rested on the husband while 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 the IT sector and other 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 situation can probably be remedied if husbands would opt to be home makers. Till a while ago, women would happily introduce themselves as house wives. These days, they put on an embarrassed look and say ‘just a house wife’, even though there is nothing to be embarrassed about it.”
The Judge said, “We called both of them to appear in person. It was obvious that the relationship had broken down beyond repair. The husband described the marital relationship as dead. We reminded him that having fathered two children, he has to fulfil his financial obligations. Aarthi, who is a dentist, lamented that she did not pursue higher studies like her husband and remained content with her B.D.S degree. We could sense that while the husband was focussing on sharpening his skills, the wife’s abilities have become rather blunt.”
The judge said, “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. But when the husband abandons midway, the wife is literally left nowhere. Venkatesan consented to pay a sum of rupees two and a half crores, which Aarthi was agreeable to this offer. Both agreed that the marriage can be dissolved by a decree of divorce by mutual consent. We are satisfied that the relationship between the parties has broken down beyond repair. They are remaining separate for more than five years. The marriage that was solemnised between the parties on 09.02.2011 at Thiruvannamalai is dissolved by a decree of divorce by mutual consent.
The court said, “Venkatesan shall pay a sum of rupees one and a half crores to Dr. Aarthi by depositing the same in her bank account within three months from the date of receipt of a copy of this order. He shall deposit a sum of Rs.50,00,000/- each in favour of the minor children within a period of one year thereafter. Aarthi would be entitled to withdraw the interest accrued once in six months. The amount so deposited in the name of minor children can be withdrawn one by one upon the children attaining majority. The decree of divorce will come into force only upon the fulfilment of the financial obligations undertaken by Venkatesan before us”.
