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Sankrish (Individual )     15 January 2011

Who has more rights after marriage Wife or Parents?

Just wanted to know who has more rights after marriage either my wife or parents as per Indian Law (provide sections if applicable).



Learning

 18 Replies

adv. rajeev ( rajoo ) (practicing advocate)     15 January 2011

It is not a question of law, it is question of common sense.  Both have got equal rights.  Being a parents they they sacrifice their life for their children and after marriage wife takes that, she comes from the different family and she always wishes for the husband.

In my opinioon both are equal, but it is the duty of man to give respect to both parents and wife, because he will be also in the s;ame position after his son.

Rights depends on the understanding capacity of the parents and wife.  If they got good understanding family and man will be happy, if egoism is more than understanding between parents and wife Family >>>?

3 Like

N.K.Assumi (Advocate)     15 January 2011

"Companionship, love, affection, comfort, mutual services, s*xual intercourse — all belong to the married state. Taken together, they make up the duties of the spouses and there is no higher or lower duties of the spouses as both are equal life partner or better half of each other. After marriage why bring up the rights of the parents issue except moral obligations of the children to parents and vice versa?

1 Like

Rhonda Luna (HR)     15 January 2011

Actually, Parent-Child relationship consist of a combination of love, feelings,expectation that are unique to a particular Parent and Particular Child. they involves the child's development. but after marriage, the wife takes that duty and helps and respects the parents. After marriage,wife spreads the love and affection to make a complete home.so, there is no question who has more rights. 

Arup (UNEMPLOYED)     15 January 2011

i feel child or children should get more prefarence than parents and wife.

 

mr raju and mr assumi's answer also very good.

i support.


(Guest)

in hindu law mother gets rights equal to wife.  But this will come into effect until death of son.

This question relates to all of them alive in this situation the relationship and their fond, love and affection, maintenance will be the main criteria 

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     18 January 2011

Years ago someone presented me a copy of the bible. I found the following sentences in that:

"When the son gets married, he leaves his parental home and lives flesh of the flesh with his wife."

This is similar to the opinions of Assumi and Rhonda Luna and contrary to Hindu Law as stated by Ganesan. Assumi says there are only moral obligations. Is that so?  Parents do everything for their children just for love without expecting anything in return. Does it mean that parents can have no claims on their children. If the parents have no income in their old age, is it not the duty of their son or daughter to provide for them?  Does it mean that the son (or daughter) have only moral obligation and no material obligation?   Even if the parents have income, in old age they may become infirm and lonely. Who will look after them if not the son or daughter? I would like to ask Mr.Assumi,do children have rights over the property of their parents as inheritance?

Government was contemplating passing a law making it obligatory, if the son or daughter has good income, to look after their poor parents.

Both have rights on the son/husband. But the rights are of different types and do not  conflict with each other. In olden days when people were marrying early and also dying early and the economy was predominantly agriculture based, it was the turn of the mother-in-law. Now with nuclear families going to far off places in search of employment, tables are turned on the mother-in-law.

There is  jealously between in-laws which is natural. Intelligent people who want a happy peaceful life should consciously eschew such jealously.


(Guest)

:)

Avnish Kaur (Consultant)     19 January 2011

 

cake division is after deduction of  mandatory expenses like income tax deduction, mandatory EPF deduction etc, house loan emi or house rent deduction

the residual income cake ( after deduction of above) of husband has four portions , half cake he eats alone . now if this bechara MAN  has as his dependents


old parents , non working wife and children.

cake division is follows

1.out of other half one third (16.6%) goes to parents

2.out of other half one third (16.6%) goes to wife

3.out of other half one third (16.6%) goes to children

this is the approximate cake distribution given by various courts,

husband gets biggest share of this cake as he is working and has to take care of many other expenses too, ( may be has to maintain gf too :)  )

 


(Guest)

if wife is working then she is not entitled to maintenance... if old parents has 2/3  children and if they are pensioner then how wud b this calculation made where they have so many people to be maintained but a wife has only one maintainable person?

 

Parth Chandra (none)     20 January 2011

@Utpala,

How wife has only one maintainable person?

Doesn't she has Father, Brother, children (if earning) and any rights to her parental house/properties??????!!!!!!??????

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     20 January 2011

 

 

This is regarding distribution of income within the family of which MAN is the head as given by Avanish Kaur. She also says that her formula is based on court decisions. Where does come the question of distribution of income? The wife may be entitled for a share if she is divorced or judiciously separated. In such an event minor children also may be entitled, if they were living with their mother. When are parents to be given a share? When is it that all the family members have to be given a share?

 

The bible says from each according to his ability to each according to his needs. Karl Marx has also repeated the same. This is with regard to distribution of a society’s income among its members. Will not the same principle apply for distribution among family members? I am saying this if distribution is by a court order.


(Guest)

@Avnish kaur

 

 

Old parents already are entitled to maintenance from their son as u mentioned...How they can maintain their deserted/divorcee daughter.?

About brother...??

You did not mention sister's share in brother's income in your calculation.


(Guest)

sorry Avnish..

My above post was for   pc

Kamal Grover (Advocate High Court Chandigarh M:09814110005 email:adv.kamal.grover@gmail.com)     20 January 2011

Dear Utpala,

As per law girl cannot claim maintenance from brother.

But it all depends upon circumstances.

Law mean equity and maintain peace and ensure three things for everybody;

i.e. ROTI, KAPDA and MAKAAN.
Meaning thereby it all depends upon cicumstances so that no injustice would be done with anybody and should be acceptable to all. It is only hararki of responsibilities which everybody has to complete as a duty, whether happily or thorugh court.

After marriage wife is also a part of family and it is just like father, mother, brother and sister and you cannot differentiate between relations (wife or parents), coz  every relation has equal attraction but there are duties /responsablilities of husband and wife toward other family members, which if perform properly then family becomes Heaven else Hell.

So good luck and serve your inlaws like your parents and you will feel heaven on earth

else u will spoil your half life to judge who is important and to get importance and half to get importance infront of your children coz thier wifes will do the same with you also.


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