Wife has equal rights in husband’s property, Madras High Court’s important decision on property dispute

Works 24 hours a day without holidays

Madras High court

CHENNAI: The Madras High Court has ruled that a wife is equally entitled to property bought by her husband and has said that the various roles played by a wife cannot be reduced to the husband’s eight-hour job. Can. Justice Krishnan Ramasamy recently passed an order on a property dispute involving a couple. However, the original appellant has died.

The man had claimed ownership of the property alleging that his wife was involved in an extramarital affair. Later, after the death of the person, his children were included in the case. The judge noted that the respondent woman is a homemaker and even though she did not make any direct financial contribution, she played a significant role in household chores by taking care of the children, cooking, cleaning, and managing the daily affairs of the family.

She sacrificed her dreams
The judge said that the respondent woman took care of every facility of her husband due to which he (husband) could go abroad for work. “Besides, she sacrificed her dreams and dedicated her entire life to family and children,” the court said.

Therefore he is entitled to a share in the profits
The judge said, “In a marriage, the wife gives birth to children, brings them up, and takes care of the house. Thus she frees her husband from his economic activities. Since the woman performs her duty, that enables the husband to do his work. Therefore she (the wife) is entitled to a share in its profits.

24-hour job without holidays
The judge said that a woman being a housewife does many things. She is also a manager, cooks, home doctor, and home economist with financial skills. Therefore, by demonstrating these skills, a wife creates a comfortable home environment and contributes to the family, the court said. It is certainly not a worthless job, rather it is a 24-hour job without holidays, which cannot be compared to the job of an earning husband who works only for eight hours.

Madras High Court

Both deserve
The court said that husband and wife are considered as two wheels of the family vehicle, then the contribution made by the husband by earning or by the wife by serving and taking care of the family and children will be for the welfare of the family and both are entitled to the same. , which they have earned through a joint effort.

The reasonable presumption, the judge said, is that the beneficial interest belongs to them jointly. The property can be bought in the name of the spouse alone, but still, it is bought from the money saved by their joint efforts. The court observed that in the present case, if the defendant (wife) had not been there, certainly, the plaintiff (deceased person) would not have gone abroad and earned all the money. The judge orders an equal share for both of them in some real estate.