Hi,

Does husband has rights on wife's earnings? 

If the wife doesn't wish to give her salary can husband take it forcefully?

please clarify.

Nobody has right to take forcefully his/her hard earned money.

@ Anonymous,


A husband has ten "obligations" toward his wife (or her descendants) and four "rights" in respect of her.

The "obligations" of a husband are"

(a) to provide her with sustenance or maintenance;

(b) to supply her clothing and lodging;

(c) to cohabit with her;

(d) to provide the sum fixed for the wife by law;

(e) to procure medical attention and care during her illness;

(f) to ransom her if she be taken captive;

(g) to provide suitable burial upon her death;

(h) to provide for her support after his death and ensure her right to live in his house as long as she remains a widow;

(i) to provide for the support of the daughters of the marriage from his estate after his death, until they become betrothed (Marriage) or reach the age of maturity; and

(j) to provide that the sons of the marriage shall inherit their mother's sum fixed for the wife by law, in addition to their rightful portion of the estate of their father shared with his sons.

The husband's "rights" are those entitling him:

(a) to the benefit of his wife's handiwork;

(b) to her chance gains or finds;

(c) to the usufruct of her property; and

(d) to inherit her estate

That is about HINDUISM and HINDU MARRIAGES and walking 7 times around HOLY FIRE are all about!

A wife claiming maintenance from her husband inspite of being working she specifically says it is her "rights". People can never discuss that "rights of maintenance of a wife is not ABSOLUTE and even SC says so". But the moment a husband wants to perform his 10 obligations / seek his 4 rights and or want to give a surprise to her and thus seeks salary of his wife all sorts of questions turns into "FORCE" and no better word a wife specifically uses forgetting she also has certain 'duties' in matrimony.

Some introspection (same will be asked by his lawyer if case goes to floor of a Court of your choice)!

- Did he put a knife on your throat and asked for your salary?

- Did he showed you a toy gun and asked your salary?

- Did he kept calling you for salary and threatening you whole of 24 hrs. once your salary credited into your a/c?

- How did he "force" you to part with your salary each month?

- Is he 'forcing' you each month?

- Are you a minor wife that you were threatened by major age husband to part with your salary?

- Are you not empowered enough not to know your rights and duties being a wife?

- Are you in-capable not to find second husband that in such 'forceful' environment you cannot leave him?

- Does he 'forcefully' take your salary each month? If so then how come you are still commuting to you job without a penny to yourself?

- Have you filed a GD police report about husband's 'forceful' ways to take your salary each month? If not then why not? Why here asking a question? Constitution of India has given you a right to report unlawful "force" by a man (be it your husband) onto a woman (be it so you are his wife) each month and same could have been reported to Authorities?

Suggested to sort your "force" issues internally and or move to natal home and enjoy to yourself your fruits of labor. Why live with a husband who "forces" upon you each month; it is Domestic Violence is it not?

End of all discussions! J

@Anonymous,

if you are a male then know your rights and obligations ...and be careful..your wife has so many rights!

If you are female, then  collect some filmy bundles of money..when he threatens you with toygun you handover them to your hubby....

don't search a second husband untill you get freedom from the first husband..!

Dear

Your act seems- you willing to take step for destroying your marriage life.

Don't try this.

Make your marriage life happy,

@ Anonymous,

As of right a husband can not ask and claim right on wife's money or earnings. But in the event, husband is not earning and they are living separately and wife is earning, then u/s 24 of Hindu Marriage Act, husband is entitled to claim maintenance from wife.

Mr Nayyar,

consider a situation where

1. Girl and boy earn the same amount, say Rs 50,000. The girl leaves the job as pretext to divorce proceedings and boy continues working. Boy has salary slips and bank statements which can prove her salary.
2. Girl and boy are staying with their repective parents in their parental house.
3. Girl has several fixed deposits on her name totaling more than 50Lakhs. Boy has the proofs
4. Girl has jwellary amounting to greater than 50 Lakhs
5. Girl's father has several properties suming upto 10 Crore.
6. Girl has single sibling, a younger sister and no brother.
7. Boy is only 10 percent as rich as the girl. his father's house is 10 percent as costly as the girls' father house.
8. one child is born out of the marriage who is about 3 years and is staying with the wife. Husband is demanding permanent custody of the child
9. both parties willing to have mutual agreement divorce but the girl asking ridiculous amount running in crore which the boy will take 20 years to earn

Waht could be possible rulings from the judge?

thanks

Jay

Mr. Jay,

The ruling is different part. What your basic query is in this regard is misisng. Moreover, legal notions don't work on surmises.

Where the fact remains the same that the boy does not have means to pay what the girl is claiming and what she is not entitled to on the basis of her previous earnings, the court would grant maintenance to the extent of child and not the girl. As regards the quantum of amount what the girl is bent on to have from the guy, the demand cannot be fulfilled and would frustrate the agreement of mutual consent agreement. In such event, the court would ask the parties to proceed for the evidence and decide the case on merits.

Court as well looks to the undue demand if is coming forward from the girl in the form of permanent alimony. If the same is unreasonable, as you said, mutual consent divorce is impossible in such circumstance.

Dear Mr Nayyar,

Thanks for the prompt response. I agree I should have put across the querry clearly. Here is what I expect to know.

1. Is the girl eligible for maintenance? I see in ur reply that court will not grant her the same.
2. For the child what could be a ball point maintenance figure that the court may grant?
3. Is there anyway by which the boy can demand equal share in the property / Fixed deposits / other assests held by the girl? I am told that the law of equal share in property and assests is not  gender baised and the boy and girl have equal rights.
4. Is there anything that u may suggest that may happen. At present the case has been filed in the court (single sided on cruelty grounds) and on the first hearing both the parties have agreed for divorce in front of the marriage counseller. Marriage counseller has asked her to come up with her demands on the second hearing.

regards

Jay

Dear Jay,

As i said, mere on surmises a case cant stand. Unless the query is clear and the things are specific, it is impossible to reply what would be quantum of maintenance awarded to the child.

Boy does not have right over girls property. Its very wrong notion which you have or someone told you that husband has right on the property of wife. That is only in the case, when the wife expires. Even then Hindu Succession Act

Now see the legal position with regard to any property belonging to a Hindu female during her lifetime is very clear as that property whether movable or immovable in her name is her Stridhan on which only she has exclusive legal right, no one including her husband, children, parents or any other close relative has no right to possess, use it or dispose it without the permission of the Hindu female. The Hindu female can throw out any person out of her immovable property anytime if she wants & the person occupying the immovable property cannot claim any right on that property being the close relative such as husband or children or parent etc of that female. As far the contribution of the person in purchasing the property is concerned that too becomes part of the Stridhan of the Hindu female which the person cannot ask her to return unless there was a clear contract between the person & the Hindu female for taking the amount from the person on loan to be returned back later on in full or in installment as the case maybe. In this case the husband had been paying the loan EMI on behalf of the Hindu wife which he now claims back to vacate the immovable property in the name of the wife being possessed by him, although there is no legal separation in the form of judicial separation or divorce between the parties yet the Hindu wife wants to use her Stridhan by itself without her husband to stay there, being her Stridhan,this wife can ask her husband to hand over the physical possession of the immovable property/flat to her even if he not being legally separated & still is her husband but this being her Stridhan which only she can possess & use or allow others to possess or use it with her prior permission which is absent in this case hence the husband having no legal right nor any prior permission should hand over the physical possession of this immovable property to his wife otherwise he being an intruder in the property can be charged for this offence "criminal trespass"/"house-trespass". The husband can not even claim the EMI he paid on behalf of his wife as that too became her Stridhan as there was no contract or understanding between them at any time that the wife will have to return back that EMI amount back to him & in absence of any such contract or understanding that amount he paid as EMI on her behalf is a total loss for him, which he should forget now. The best way out for the husband is to hand over this flat back to his wife, stop paying the EMI amount to bank & inform the bank that he will not be responsible for the repayment of loan amount from now onward which should be claimed from the wife who being the owner of the immovable property is only responsible for the repayment of the loan amount to the bank. In case you don’t want all these legal actions to take place then both of you compromise & start living together as husband & wife like good couples.