Wife entitled for equal share in property, rules Madras High Court
Chennai (PTI): The Madras High Court has ruled that a wife is entitled to equal share in the property bought by her husband and said the many roles played by her cannot be less equated with the 8-hour job of the husband.
Justice Krishnan Ramasamy gave the order recently over a property dispute involving a couple, with the original appellant, since deceased.
He claimed ownership for the property, while alleging she was also involved in an extra-marital affair. His children were later impleaded in the case following his death.
The judge said the defendant woman being a homemaker, though she did not make any direct financial contribution, she played a vital role in managing the household chores by looking after the children, cooking, cleaning and managing day-to-day affairs of the family without giving any inconvenience to the plaintiff who had gone abroad for work.
"And moreover, she sacrificed her dreams and spent her entire life towards the family and children," the court noted.
"In generality of marriages, the wife bears and rears children and minds the home. She thereby frees her husband for his economic activities. Since it is her performance of her function which enables the husband to perform his, she is in justice, entitled to share in its fruits," the judge observed.
A wife, being a homemaker performs many tasks-- a Manager, Chef, "Home Doctor" and also "Home Economist" with financial skills, the judge said.
"Therefore, by performing these skills, a wife makes the home as a comfortable environment and her contribution towards the family, and certainly it is not a valueless job, but it is a job doing for 24 hours without holidays, which cannot be less equated with that of the job of an earning husband who works only for 8 hours," he said.
When the husband and wife are treated as two wheels of a family cart, then the contribution made either by the husband by earning or the wife by serving and looking after the family and children, would be for the welfare of the family and both are entitled equally to whatever they earned by their joint effort, the court added.
"The proper presumption is that the beneficial interest belongs to them jointly. The property may be purchased either in the name of husband or wife alone, but nevertheless, it is purchased with the monies saved by their joint efforts," the judge said.
In the present case, if the first defendant/ wife was not there, certainly, the plaintiff (deceased man) would not have gone abroad and earned all the money, the court said and ordered equal share for either in certain immovable property.
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Waqf Bill: Oppn members meet LS Speaker to protest par panel chairman's 'unilateral' decisions
New Delhi, Nov 5: Opposition members in the parliamentary committee on the Waqf (Amendment) Bill met Lok Sabha Speaker Om Birla on Tuesday to register their protest against alleged "unilateral" decisions being taken by panel chairman and BJP MP Jagdambika Pal.
They said the Speaker heard them patiently and assured them of a decision at the earliest.
"It was a very nice discussion. He was very kind to us. The Speaker has very patiently heard us and said he will look into the matter," TMC MP Kalyan Banerjee said.
Aam Aadmi Party MP Sanjay Singh and DMK MP A Raja spoke on similar lines.
"It was a fruitful meeting, the Speaker assured us of looking into our grievances," he said.
The MPs also submitted a memorandum to the Speaker detailing their concerns.
According to sources, the MPs submitted a letter to the Speaker, signed by Opposition MPs including Congress's Mohammad Jawed and Imran Masood, DMK's Raja, AIMIM's Asaduddin Owaisi, AAP's Sanjay Singh and TMC's Kalyan Banerjee.
Opposition MPs have accused Pal, the chairperson of the committee scrutinising the Bill, of taking "unilateral decisions" on fixing the dates of sittings -- which were at times for three consecutive days -- and whom to call as witnesses.
The MPs, in the memorandum, urged the Speaker to direct the Chairman of the JPC to have a formal consultation with members of the Committee before taking decisions on such issues, according to sources
They had also said they may be forced to "disassociate with JPC once for all as we have been stonewalled".
To a query on the issue on Tuesday, the MPs refused to divulge details. "We cannot reveal the details of the conversation," Singh said.
On whether they will continue to attend the meetings of the joint committee of the two Houses, Banerjee said, "Yes we will attend because the Speaker is looking into the matter".
The committee's proceedings have been stormy amid frequent protests from opposition members over a host of issues, while the BJP members have accused them of deliberately trying to scuttle its work.
