Chennai6 hours ago
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In a significant judgment, the Madras High Court recently held that a wife is entitled equally to property that her husband has bought in her own name. This is because she has indirectly contributed to the creation and purchase of family wealth by doing domestic work.
Justice Krishnan Ramasamy said that though there is no law at present which recognizes the contribution of the wife, the Court may well recognize it. The law also does not prevent a judge from recognizing the contribution of the wife.
First know what was this matter…
A person named Kanniyan Naidu had filed a petition in the Additional District and Sessions Court. In which he had said that his wife wanted to usurp the property for which he had sent money to his wife to buy. Kanniyan had told the court that since he was abroad, he could not buy property in his own name, so he bought it in his wife’s name.
In this case, Kansala’s wife Kansala said that she was entitled equally in all the properties as she took care of the family while her husband was abroad. Due to this, she herself could not do the job. She even sold the ancestral property for her husband’s foreign trip. In the absence of her husband, she earned money by tailoring and tuition.
However, the lower courts accepted the claim of the husband and held him to be the real owner of the properties. This decision was overturned by the High Court by holding that both husband and wife were equally entitled to the properties. The court said that the wife is entitled to half of all the properties of the husband, which have been purchased in his name.
Read what arguments Justice Krishnan Ramasamy gave….
- A wife being a housewife, does many things. Like planning with management skills, budgeting. As a chef with cooking skills – cook food, design menus and manage the kitchen. Take care of health like a home doctor, take precautions and give home made medicines to family members. Home budget planning, spending and saving like a home economist with financial skills.
- A wife with these skills creates a comfortable home environment and contributes to the family. Certainly this contribution is not priceless, but it is a 24 hour job without holidays, which is equivalent to the 8 hour job of an earning husband and cannot be less.
- In a marriage relationship, the wife gives birth to the children and takes care of their upbringing and household. In a way she frees her husband to earn money. It is the contribution of the wife that enables the husband to do his work. Therefore justice is that he is entitled to share in its fruits.
- Husband and wife are considered as the two wheels of the family cart. The property can be bought in the name of the spouse alone, but it is bought from the money saved by the joint effort of both.
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