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Madras High Court: The Madras High Court has given a big decision in favor of women in a case related to a couple. While giving this verdict on Wednesday (June 21), the court said that a wife is entitled to an equal share in the property purchased by her husband. The responsibilities performed by the wife cannot be compared to the 8 hours job of the husband. The wife takes care of the house and this work is in no way less than the husband’s 8-hour shift.
In this case, the husband had also accused his wife of taking possession of the property he had bought and of running an extra-marital affair. A man named Kanniyan Naidu had alleged that his wife Kansala wanted to usurp the property for which he had given money to buy. Since he was living abroad, he could not buy this property in his own name, so he bought it in his wife’s name. In this case, after the death of the husband, his children fought a case against their widowed mother.
What did the Madras High Court say?
Kanniyan’s wife had said in the court that she was equally entitled to all these properties, as she had taken care of the family while her husband was abroad. Because of this, she herself could not even do the job. Justice Krishnan Ramasamy noted that the respondent woman is a homemaker, though she did not make any direct financial contribution, but took care of the children, maintained the household.
"The wife took care of the house only then the husband got a job abroad."
The court said that the woman played an important role in domestic work. Due to which her husband was able to work abroad. The woman sacrificed her dreams and spent her entire life taking care of the family and children. Generally in marriages the wife gives birth to the children, brings them up and takes care of the house. In this way she frees her husband from the responsibilities of the house so that he can go out and get a job.
"a housewife does many things"
The judge said that a wife, being a homemaker, does many things – like planning with management skills, budgeting, cooking like a chef, taking care like a home doctor, taking care of the household like an economist, etc. Budget planning, saving. Women create a comfortable environment in the house by doing all these things and contribute towards the family.
"work 24 hours a day without a break"
She said that surely this contribution is huge and cannot be underestimated by husband’s job which works only for 8 hours. A housewife works round the clock without any leave to take care of the house. When husband and wife are considered as the two wheels of the family cart, the wife is entitled equally to the husband’s earnings. The court said that the wife is also entitled to whatever they earned from their joint effort.
"wife entitled to half of the assets’
The court said that even though no law has been made so far to recognize the contribution made by the housewife, but the court recognizes this contribution well. Reversing the decision of the lower court, the High Court ordered equal share for both in some immovable property. Earlier, the trial court accepted the claim of the husband and considered him as the real owner of the properties.
Kanniyan and Kansala were married in 1965. Both have three children – two sons and a daughter. Kannian had worked in Saudi Arabia between 1983 and 1994. After returning to India, he lodged a complaint that his wife wanted to usurp the properties bought with his earnings. The husband and wife had started living separately then. The matter was going on in the court since 2016. Meanwhile, Kanniyan died. After which his children fought this case. The woman had sought a share in her husband’s property.
(also input from PTI)
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