What is legal right of wife in husband's salary & property.

376 votes

The amount of maintenance that a wife is entitled to receive in case there are dependents in the family - like a child in this case - is determined on a case-by-case basis, taking into account various factors such as the income and financial resources of both parties, their standard of living, the duration of the marriage, the needs of the wife and any dependents, and any other relevant factors.

The law does not specify any fixed percentage or amount of maintenance that a wife is entitled to receive. 
It is important to note that even if a wife is financially independent, she may still be entitled to claim maintenance if she is unable to maintain herself during the subsistence of marriage. The litmus test is whether the amount she is earning is sufficient for her to maintain and support herself.

In a judgment delivered in 2019 by a single-judge bench of Delhi court, Justice Sanjeev Sachdeva held while disposing of a Domestic Violence case that where there are no other dependents, the wife is entitled to one-third of the husband's gross income as maintenance.

However, it is important to note that this is just one judgment by a single judge of the Delhi High Court and does not represent the law on maintenance in India.  

Hon'ble Supreme Court has maintained in many judgements that the amount of maintenance awarded to the wife should be reasonable and fair, sufficient to meet the basic needs of the wife such as food, clothing, and shelter, as well as other necessities such as medical expenses and education of children (if any).

 

LawRato LawRato

990 votes

1. Right to Streedhan – A wife has ownership rights to all her streedhan, that is the gifts and money given to her before and after marriage. The ownership rights to streedhan belong to the wife, even if it is placed in the custody of her husband or her in-laws.

2. Right to residence – A wife has the right to reside in the matrimonial household where her husband resides, irrespective of whether it is an ancestral house, a joint family house, a self-acquired house or a rented house.

3. Right to a committed relationship – A Hindu husband cannot have an affair or marry another girl unless he is legally divorced. A husband can be charged of adultery if he is in a relationship with another married woman. His wife also has the right to file for divorce on the grounds of his extra-marital relationship.

4. Right to live with dignity & self respect – A wife has the right to live her life with dignity and to have the same lifestyle that her husbands and in-laws have. She also has the right to be free of mental and physical torture.

5. Right to maintenance by husband – A wife is entitled to claim decent living standards & basic comforts of life by her husband as per his living standards.

6. Right to child maintenance – Husband and wife must provide for their minor child. If the wife is incapable of earning a living, the husband must provide financial support. If both the parents are financially incapable, then they can seek help from the grandparents to maintain the child. A minor child also has the right to seek partition in ancestral property.

Advocate Siddhant Sharma LawRato

372 votes

Being a working woman, you might become a bit confused about your rights regarding maintenance. Maintenance, or alimony, ensures financial support during or after separation or divorce. In India, laws like the Hindu Marriage Act and the Code of Criminal Procedure address rights of the wife on the husband. Courts can order maintenance even if the husband is not earning enough. Courts prioritise fair and reasonable support, covering essentials like food, shelter, and education. It is important to consult a lawyer in order to understand what direction to take, after the facts of your case are understood in detail.    For more information about maintenance, you can read on to Maintenance Laws For Children in India | Family Law Guide or contact me.  

Advocate Chikirsha Mohanty LawRato