Chennai (Agency): In a significant ruling, the Madras High Court has declared that homemakers are entitled to half of their husband’s property. The court emphasized the value and contributions of homemakers, highlighting their tireless efforts in managing a household and providing essential care to family members.
Justice Krishnan Ramaswamy, presiding over a single-judge bench, stated that a homemaker’s role extends beyond the routine tasks of running a home. Not only do they fulfill domestic responsibilities, but they also act as home doctors, offering basic medical support to their family members.
The court further asserted that a homemaker deserves an equal share in properties acquired by her husband using his earnings. It emphasized that the husband’s financial success would not have been possible without the support and dedication of his wife in caring for the family.
“The property may be registered in the name of either the husband or the wife, but it must be acknowledged as acquired through the joint efforts and savings of both spouses,” the court stated.
Recognizing the immense dedication and sacrifices made by homemakers, the court emphasized that women should not be left without any assets or resources of their own. While no specific legislation exists to acknowledge their contributions, the court believes it is imperative to ensure that homemakers receive fair treatment and recognition for their sacrifices.
The court’s ruling came in response to a 2016 second appeal filed by Kannian, who had married Kamsala Ammal in 1965. The couple had two sons and a daughter, and the husband had worked in Saudi Arabia between 1983 and 1994.
Upon his return to India, Kannian filed a complaint accusing his wife of wrongfully claiming properties purchased with his earnings and engaging in an extramarital affair. After his demise, the couple’s children continued the legal battle against their mother, disputing her claim to an equal share of their father’s properties.
In 2015, a local court had denied Ammal’s request for an equal share in three of the five properties and assets. However, the Madras High Court overturned this decision, ruling that Ammal was entitled to a fifty percent share, despite the properties being acquired through her husband’s savings.
Senior counsel S. Parthasarathy represented Kannian and his two sons, while Advocate V. Anusha appeared for Kamsala Ammal, the defendant in the case.
