Ankit Agarwal 06 February 2024

Should liabilities also pass on to wife along with assets

We have a rough idea tahat wife can claim her right on assets created / purchased after marriage by her husband.

In this case the wife wants to buy a car. She makes a fuss about it everyday. Husband has no choice but to buy the car.

Husband's income is not that much that he can get a car loan.

The wife makes him pledge all the jewellry that was given to her on her marriage by her husband and his family and jewellery purchased after marriage.

She utlizes all the savings that was kept by the husband.

Further to meet the deficit, husband borrows money from his family and through some apps.

Wife transfers all the money to her own account and transfers the money to car dealer from her account.

After 6 months she claims that car is hers and want to take that away.

Husband has been paying interest on the jewellery pleadged and to loan apps.

Husband says that with each assets the liability incurred to buy the asset should also be transferred.

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anjali tamrkar 05 March 2024

Generally in personal laws husband is liable to maintain his helpless family regardless of fact that he has sufficient means to maintain them or not. Under Muslim personal law, the wife has absolute right to claim maintenance and such maintenance is debt on the husband whereas in Hindu Personal laws wife has to maintain her husband if the husband has no sufficient means or if the husband is incapable of earning his livings.

Hon'ble Supreme Court in the case of Rajnesh vs. Neha laid down some special guidelines for proper assessment of properties of both the parties and for calculating the quantum of maintenance.

These guidelines are:

▪️Both the parties shall file an Affidavit for disclosure of Assets and liabilities before claiming maintenance. If any kind of misrepresentation is done then the wrongdoer will be held liable for the Contempt of the Court and the Court may consider the initiation of proceeding u/S. 340 of CrPC.

▪️Court enunciated that every party except those who belong to the Economically Weaker Section, or are casual labours or are living below the poverty line shall file an Affidavit for claiming maintenance. An affidavit filed by parties belonging to the urban area will be totally different from the parties belonging to rural or tribal areas.

It is mandatory for the claimant to file a concise application accompanied by an Affidavit of disclosure of assets and the respondent have to file an affidavit along with the reply within a maximum period of 4 weeks. Court has the right to strike off the defence of the respondent after giving two opportunities to him to submit an affidavit of disclosure of assets along with a reply provided that The court must find it just and fair to strike off such a defence.

*Answer to query is that

Yes the liablites can be pass to wife along with assets but it is the matter of facts and circumstances of the case.