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What if a wife deliberately refuses to give food to her husband — can it be considered cruelty under law?

Deliberate refusal by a wife to give food to her husband is generally not considered cruelty under Indian law simply on its own, unless additional circumstances exist that demonstrate a sustained pattern of ill-treatment and mental anguish. Indian courts require cruelty to be proved as a serious and grave act making cohabitation impossible, and mere non-cooking or refusal to serve food without more is not typically sufficient to constitute legal cruelty.

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#Kerala High Court — “Wife not cooking for husband is not cruelty”
In a notable Kerala High Court judgment (Family Court, Thrissur, 2016; upheld on appeal), the court held that the allegation of a wife not cooking or serving food to the husband does not by itself amount to cruelty under the Hindu Marriage Act, 1955, unless specific evidence shows a grave and sustained pattern intended to cause suffering. The court stated: "The High Court disregarded the allegation of ‘wife not cooking for husband’ and stated that this could not be a ground for cruelty"

Sushila v. Joginder (Delhi High Court, 2023)
In Sushila v. Joginder, the respondent-husband alleged that the wife refused to prepare food and neglected household work. The court examined these claims as part of a larger set of allegations, and found that unless such acts are accompanied by mental or physical harassment, sustained neglect, or intent to injure, they do not amount to matrimonial cruelty.

Broader Principles (Supreme Court & High Courts)
Courts have held in divorce and matrimonial cruelty cases under Section 13(1)(ia) of the Hindu Marriage Act, 1955, that cruelty must be more than trivial incompatibility or minor issues like refusal to cook food[1][5]. The Supreme Court has consistently maintained that there is no "straitjacket formula" for cruelty, and each case must be judged on its facts with reference to whether the actions made marital life intolerable.

Cruelty Defined in Indian Matrimonial Law

Cruelty must involve acts that cause grave harm, distress, or make cohabitation unsafe or impossible. Actions like persistent starvation, physical neglect, or systematic denial of basic necessities (food, clothing, shelter) may amount to cruelty if proven as intentional and sustained.

For instance, the Bombay High Court held that keeping a spouse starving and not providing food or clothing amounts to cruelty, especially where there is intent to deprive basic needs (Manohar Bhau Dubale v. State of Maharashtra, Bom HC 2014)

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