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Family Law
Homemaker is a Gender-Neutral Expression
«25-Sep-2026
Source: The Hindu
Introduction
The Madurai Bench of the Madras High Court has observed that the expression "homemaker" is gender-neutral, and that if there can be housewives, there can be house husbands as well. A Division Bench of Justices G.R. Swaminathan and M.D. Sumathi made these observations while dissolving the marriage of a doctor couple by a decree of divorce by mutual consent. The Court suggested that normalising the role of the house husband could help preserve the institutions of marriage and family at a time when changing career aspirations are straining many relationships.
What was the Case About?
- The Bench was hearing civil miscellaneous appeals filed by a doctor couple.
- The Court found that the relationship between the parties had broken down beyond repair.
- It accordingly held that "the marriage that was solemnised between the parties is dissolved by a decree of divorce by mutual consent."
- In the course of the judgment, the Court made wider observations on the changing roles of husbands and wives within marriage.
What were the Court's Observations?
On the Family as the Foundational Unit:
- The Court observed that "unlike modern western societies, in Bharatiya culture, it is the family and not the individual that is the foundational unit."
On Traditional Division of Roles:
- The Court noted that traditionally, the husband was responsible for earning the family's financial resources while the wife managed the domestic front.
- It held that both roles are entitled to equal respect.
On the Changing Position of Women:
- The Court observed that this traditional arrangement has been changing over the last half a century, with women increasingly becoming career-oriented.
- It noted that this shift is straining many relationships, particularly in the IT sector, and that marriage is often not proving to be a win-win arrangement for career women.
- According to the Court, some women now view marriage as an impediment to their careers and choose to avoid it altogether, leading to a rise in the number of unmarried women.
On House Husbands as a Remedy:
- The Court suggested that the situation could probably be remedied if husbands chose to become homemakers.
- It observed: "If there can be housewives, there can be house husbands also. Let this become a new normal."
- The Court held that this would help preserve the institution of marriage and family, and declared that the expression "homemaker" is gender-neutral.
On the Perceived Status of Homemaking:
- The Court remarked that women who once introduced themselves as housewives with pride now often describe themselves, with some embarrassment, as "just a housewife."
- It emphasised that there is nothing to be embarrassed about in being a homemaker.
What is the Significance of the Observations?
- The observations recognise homemaking as a role defined by function rather than by gender, and affirm that domestic work carries dignity equal to that of earning an income.
- By suggesting that husbands may take up the homemaker's role, the Court challenges the assumption that domestic responsibilities belong primarily to women.
- The remarks are also relevant to the wider body of Indian jurisprudence that has increasingly acknowledged the economic value of domestic work, such as in the determination of compensation and maintenance.
- At the same time, the observations were made in the context of a divorce by mutual consent and are in the nature of judicial remarks rather than a binding direction on how spouses should divide their roles.
What is a Homemaker?
Meaning:
- Merriam-Webster defines a homemaker as a person who manages a household, especially as a spouse and parent.
- The Cambridge Dictionary describes a homemaker as a person who manages a home and often raises children instead of earning money from a job.
- Dictionary.com defines the term as a person who manages the household of their own family, especially as a principal occupation.
- Collins notes that the word usually refers to someone who looks after their home and family and does not have a job outside the home.
Homemaker and Housewife:
- The two expressions are often used interchangeably, but they are not the same in scope.
- Some dictionaries, such as Britannica, still define a homemaker as a wife who does domestic work at home and usually has no job outside it, treating it as equivalent to "housewife."
- Most modern dictionaries, however, define a homemaker as a "person" or "one who" manages a household, without tying the role to any gender. The word "housewife," by contrast, refers only to a woman.
- This difference supports the Madras High Court's view that "homemaker" is a gender-neutral expression that can apply equally to a husband who manages the home.
Judicial Recognition of Homemakers in India:
- Arun Kumar Agarwal v. National Insurance Co. (2010): The Supreme Court rejected the Allahabad High Court's low valuation of a deceased homemaker's work, observing that the wife's contribution to the house is invaluable.
- Kirti & Anr. v. Oriental Insurance Co. Ltd. (2021): The Supreme Court held that a notional income must be taken into account when determining just compensation for non-earning victims of motor accidents, including homemakers, and that future prospects must be assessed on that notional income. The Court noted that because housework is overwhelmingly performed by women, fixing a homemaker's notional income recognises their work, labour and sacrifices, and furthers the constitutional vision of social equality and dignity.
- Kannaian Naidu v. Kamsala Ammal (2023): The Madras High Court held that a wife who contributed to the acquisition of family assets by performing household chores is entitled to an equal share in those properties, having indirectly contributed to their purchase. Justice Krishnan Ramasamy observed that although no legislation recognises such contribution, courts are free to recognise it.
- Supreme Court (June 2026): A Bench of Justices Sanjay Karol and N. Kotiswar Singh described homemakers as an "economic entity" and a "nation builder," rejecting the tendency to treat them as dependents rather than contributors. The Court created a separate compensation head called "loss of domestic care" and fixed ₹30,000 per month as a benchmark for the economic value of a homemaker's work where there is no direct income. It also acknowledged that men sometimes perform the homemaker's role, though the case before it concerned the more common reality of women's unpaid domestic work.
Conclusion
The Madras High Court's observation that "homemaker" is a gender-neutral expression reflects the changing dynamics of Indian marriages, where both spouses increasingly pursue careers. By urging that house husbands become a "new normal" and that homemaking be seen as deserving equal respect, the Court has opened a wider conversation on gender roles within the family. Whether such a shift can ease the strain that career aspirations place on marriage remains to be seen, but the remarks mark a notable judicial acknowledgment that responsibility for the home need not be tied to gender.