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Husbands right over wife's salary -Hindu


10-Jan-2023 (In Family Law)
Dear Sir/Madam Me & My husband both earn almost equal salary. From the date of marriage I have been supporting him financially but I am not allowed to know where he is spending. And I am not even saving anything for myself. Recently i have stopped giving my salary to him. So he says that as per law he has right over my salary & he says that its his money . Is there any law that supports his words? Can I take this to court ?
Answers (2)

Answer #1
224 votes

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.


Answer #2
607 votes
I think he is economically exploiting you, there is no such law, so better not to give him anything, and as it is your hard earned money it is for you to decide what to do with it. Only if he is suffering from any disability or something then the wife may be liable to pay him something to survive but not whole salary, but as in your case both are earning so he is not entitled for anything.

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.

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Comments by Users

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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