Husbands right over wife's salary -Hindu
10-Jan-2023 (In Family Law)
No, a husband does not have a legal right over his wife's salary in India.
The Indian legal system recognizes the concept of personal property, which includes earnings and assets acquired by an individual through their own efforts. This means that any income earned by a wife is considered her personal property, and she has full control over it.
However, in practice, some couples may have different financial arrangements, such as joint accounts or shared expenses, which may involve the sharing of income. But in such cases, it is typically a matter of mutual agreement and not a legal requirement.
In this light, it is important to note that ‘economic abuse’ refers to the deliberate and intentional act of one spouse causing financial harm or distress to the other spouse. It is a form of domestic violence and is recognized under Section 3 (iv)(b) of the Protection of Women from Domestic Violence Act, 2005 as any alienation of assets whether movable or immovable or any other property jointly or separately held by the victim-wife.
Examples of economic abuse can include withholding financial support or resources, controlling the other spouse's access to money or property, forcing the other spouse to give up their property or assets, creating debt in the other spouse's name, or preventing the other spouse from working or earning a living.
Under Section 18 of the Protection of Women from Domestic Violence Act, 2005, the concerned Magistrate after having heard both the husband and the wife on the matter, may pass an order prohibiting the abuser-husband from operating victim-wife’s bank lockers, bank accounts, and alienating their assets – irrespective of dual ownership or only by the victim.
Furthermore, economic abuse amounting to financial cruelty is also a ground for divorce, and a wife can file for divorce on the basis of financial cruelty if they can provide evidence of such behaviour at the hands of her husband.
Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
AVIJIT MISTRY
IF WIFE'S SALARY IS BETTER THAN ACCUSED HUSBAND. IN SUCH CASE THAT WIFE MAY CLAIM FOR MAINTANCE FOR THE ONLY CHILD.
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