Madras HC Says A Wife Who Manages The Household To Support Her Husband's Career Deserves Equal Entitlement To Assets Acquired By Her Husband

The Madras High Court recently ruled that a wife, who typically manages the household and makes sacrifices to support her husband's career, deserves equal entitlement to assets acquired by her husband. Justice Krishnan Ramasamy, in a judgment on June 21, acknowledged that although there is currently no specific legislation in India to acknowledge a wife's contributions, the Court has the authority to recognize and validate such contributions.

The Court emphasized that if assets are acquired through the combined contributions, whether direct or indirect, of both spouses for the well-being of the family, they are entitled to an equal share. Consequently, the judge ruled in favor of Kamsala Ammal, who had filed an appeal seeking a portion of her deceased husband's properties.

The High Court scrutinized five properties under consideration, including two obtained by the husband using his savings from employment in Saudi Arabia, one being a land parcel registered in Ammal's name by her late husband, and various jewelry and sarees stored in bank lockers belonging to Ammal.

Initially, Ammal's claim for a share in these assets was disputed by her husband, and following his demise, by her children.

In 2015, a lower court dismissed Ammal's request for an equal portion of three out of the five properties and assets mentioned earlier. Nevertheless, the High Court determined that despite the husband acquiring the disputed properties using his personal savings, Ammal was entitled to a 50 percent share. Additionally, the court concluded that the items stored in the two bank lockers were purchased by the deceased husband as gifts specifically for Ammal, making them exclusively hers.