Homemaker Wife Entitled To Equal Share In Husband’s Properties: Madras High Court

The Madras High Court has made a significant ruling, stating that a homemaker wife is entitled to an equal portion of her husband’s property, even if the assets were solely purchased with the husband’s earnings. 

The court emphasised that the wife’s contributions, although indirect, such as taking care of the family and managing household responsibilities, deserve equal consideration.

According to the Madras High Court, wives who contribute to acquiring family assets through their domestic work should receive an equal share in the properties, regardless of whether the title is in the husband’s or wife’s name. The court specifically highlighted the spouse who looks after the home and cares for the family for an extended period as deserving of a share in the property.

Justice Krishnan Ramasamy acknowledged that there is currently no law recognizing the wife’s contributions, whether direct or indirect. However, the court has the authority to acknowledge the wife’s role in facilitating property purchases by her husband.

The case involved Kannaian Naidu, who worked abroad while his wife stayed in India, managing their children and home. Naidu’s wife used the money he sent to purchase properties in his name. Upon his return, Naidu accused his educated wife of being deceitful. In response, the wife argued that she should be entitled to the property as she took care of the family during her husband’s absence and even sold her ancestral properties to support him financially.

The court highlighted the wife's crucial role in child-rearing and homemaking, which enables the husband to focus on economic activities. As a result, the court concluded that the wife should share in the benefits resulting from their joint efforts.

This ruling aims to recognize and ensure the financial security of homemakers, granting them a rightful share in matrimonial properties.

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