The Madras High Court recently stated that a housewife manages the whole house including their family membes, sacrifices her own dreams for enabling her husband to go out and earn and contributes equally towards acquisition of family assets and is therefore, she is entitled to 50% share in all the assets acquired by her husband in his own name.
In the judgement passed on June 21, it was held by Justice Krishnan Ramasamy that while no legislation has been enacted so far in India to recognise and praise the contributions made by a wife either directly or indirectly, the Court could it very well as a housewife’s relentless contribution for her family members is immeasurable and unmatchable.
The High Court stated, “The contribution which wives make towards acquisition of the family assets by performing their domestic chores, thereby releasing their husbands for gainful employment, would be a factor which, this Court would specifically take into account while deciding the right in the properties either the title stand in the name of the husband or wife and certainly, the spouse who looks after the home and cares for family for decades, entitled to have a share in the property. If, on marriage, she gives up her paid work in order to devote herself to caring for her husband and children, it is an unwarrantable hardship when in consequence she finds herself in the end with nothing she can call her own.”
Hence, in the acquistion of assets by a husband, wife’s direct or indirect contribution is involved, they both would be entitled to equal share, the Court underscored.
The judge, therefore, allowed the appeal filed by one Kamsala Ammal, who had sought a share in the properties registered on the name of her deceased husband.
The High Court examined five properties in question, in which two of the properties had been acquired by her husband from the savings he made when he was earning by working in Saudi Arabia. Another is a land parcel that the husband had bought in Ammal’s name, and some jewellery and sarees that were kept in bank lockers held by Ammal.
Her claim to a share in such kind of assets had been contested, initially by her husband, and then by her children after the death of the husband.
In 2015, a local court had rejected Ammal’s claim for equal share in her husband’s properties made by him.
The High Court, however, held that though the contested properties had been acquired by the husband using his own savings, Ammal was entitled to a 50 percent share. It further held that the contents of the two bank lockers had been purchased by her husband as gifts for Ammal and there, she had sole right on those things.
“In the present case, the properties purchased particularly, Item Nos.1 and 2 of the schedule mentioned properties are concerned, when the plaintiff (husband) was in abroad, he used to send monies from time to time to the 1st defendant/wife, who is turn, out of the said monies, purchased the Item Nos. 1 and 2. Though the properties were purchased from and out of the monies sent by the plaintiff, it cannot be ignored that the contributions made by the 1st defendant/wife as discussed above, without which, certainly, the plaintiff could not have saved money and acquired those said properties. These are all the aspects, though proved by documentary evidence, Ex. A1 to Ex.A11 both the Courts below have not dealt with it in a proper perspective and erroneously held that only the plaintiff has the absolute right over Item Nos.1 and 2 of the schedule mentioned properties.” the High Court said.
Senior Counsel S Parthasarathy represented the original plaintiffs, Kannain, the now deceased husband, and his two sons. Advocate V Anusha represented the original defendant, the wife of the deceased.
M/s T Jayalakshmi was the amicus curiae appointed in the case by the High Court.
Source: https://www.barandbench.com/news/litigation/homemaker-wife-toils-family-entitled-equal-share-assets-purchased-husband-madras-high-court
