Time has come to recognise contribution of homemakers: Delhi HC
New Delhi (PTI): While underscoring the absence of a statutory mechanism, the Delhi High Court has said a "time has come" to recognise the role of homemakers whose contributions remain "hidden and downplayed" when it comes to ownership rights in property.
“We believe that the time has come that such contributions be taken to their meaningful conclusion as these contributions remain hidden and downplayed. However, we take note of the fact that currently, there exists no statutory basis accounting for the recognition of such contributions of homemakers for the purpose of making any determination on the ownership rights or even to quantify the value of these contributions,” a bench of Justices Anil Kshetarpal and Harish Vaidyanathan Shankar said on September 11.
The order came on a woman's plea challenging a family court order rejecting her suit seeking a declaration that she will have an equal and lawful right over the suit property.
Though the high court upheld the family court’s order rejecting the woman’s plea, it suggested in time, the legislature might bring in measures to ensure contribution of homemakers were reflected meaningfully and also used to determine their property rights.
The court said one must not forget that in a vast multitude of households in the country, especially in houses where there was no assistance in terms of domestic help, the presence of a full-time homemaker permits the family to discount various other expenses that would have to be borne towards the maintenance of the home and family.
She sought being declared 50 per cent owner of the property.
The woman said a wife’s role as a homemaker enabled the husband to engage in gainful employment and contribute directly to the acquisition of family assets, and therefore, any property acquired during the marriage, whether in the name of the husband or wife, must be treated as the product of their joint efforts.
The high court clarified that mere residence of the wife in the matrimonial home cannot by itself vest her with an indefeasible right of ownership over properties standing in the husband’s name.
A legitimate and enforceable claim to the husband's property must rest on proof of meaningful and substantive contribution, and in the absence of such proof, ownership remains with the titleholder, subject of course to statutory or equitable exceptions, it said.
“A matrimonial relationship is not merely a social arrangement but a legally recognised partnership that embodies the essence and fruits of marriage. It is a joint enterprise built on the common endeavour of both spouses, whose contributions, whether financial, emotional, or domestic, are integral to the stability and welfare of the family,” the bench said.
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Ordinance issued to increase number of Supreme Court judges from 34 to 38
New Delhi (PTI): The government has promulgated an ordinance to increase the strength of the Supreme Court from the present 34 judges to 38, including the Chief Justice of India.
The law ministry notified the ordinance on Saturday, which amended the Supreme Court (Number of Judges) Act, 1956, to increase the sanctioned strength of the top court.
So far, the sanctioned strength of the top court was 34, including the Chief Justice of India (CJI). Now, the number of judges has been increased by four, taking the sanctioned strength to 38.
The top court will now have 37 judges, other than the CJI.
With the apex court having two vacancies at present, and the ordinance coming into force immediately, the Supreme Court Collegium will now have to recommend six names for appointment as judges in the top court.
A bill will be brought in the Monsoon Session of Parliament to convert the ordinance – an executive order – into a law passed by Parliament.
The Union Cabinet had cleared a draft bill on May 5 to increase the number of apex court judges.
The strength of the Supreme Court was last increased from 30 to 33 (excluding the CJI) in 2019.
The Supreme Court (Number of Judges) Act, as originally enacted in 1956, put the maximum number of judges (excluding the CJI) at 10.
This number was increased to 13 by the Supreme Court (Number of Judges), Amendment Act, 1960, and to 17 by another amendment to the law.
The Supreme Court (Number of Judges) Amendment Act, 1986, augmented the strength of judges from 17 to 25, excluding the CJI.
A fresh amendment in 2009 further increased the strength from 25 to 30.
Article 124(3) of the Constitution lists the qualifications required to become a Supreme Court judge.
An Indian citizen who has either served as a high court judge for at least five years, or as an advocate for 10 years, or is a distinguished jurist, can be appointed to the top court.
The strength of the Supreme Court is increased based on the recommendations of the CJI, who writes to the Union law minister. After consulting the finance ministry, the Department of Justice under the law ministry moves the Cabinet with a draft bill.
