If a wife is earning, does her husband have any right over her earned money? Does she need her husband’s permission to spend her own money? In this article, I’m going to tell you the husband’s right over his wife’s earnings.
Everyone who may be a rational adult has a whole right over their own earning and the way they spend it. a lady who earns doesn’t need permission from her husband to make a decision on how and where to spend the earning. it’s her own choice within the matter and should spend it on herself or her parents, donate to charity, etc. as she sees fit as long because the expenditure/transaction is permissible.
However, during a wedding, there should be co-operation, harmony, balance, affection, etc. relying on the circumstance, it’s getting to be considered a courtesy to debate with or consult the husband and seek his advice. Sometimes, the husband may mean well and doesn’t shall control her. However, seeking his permission or even informing him isn’t necessary within the least.
Also, the answer to this question depends on different circumstances, so below I am going to the answer depending upon the different circumstance.
HUSBAND RIGHT OVER HIS WIFE’S EARNINGS / MONEY DURING MARRIAGE:
Legally he has no claim on his wife’s earnings and savings. Now see the legal position with reference to any property belonging to a Hindu female during her lifetime is extremely clear as that property whether movable or immovable in her name is her Stridhan on which only she has the exclusive right, nobody including her husband, children, parents or the other close relative has no right to possess, use it or dispose of it without the permission of the Hindu female.
The Hindu female can throw a person out of her immovable property anytime if she wants & the person occupying the immovable property cannot claim any right that property being the close relative like husband or children or parent etc of that female.
HUSBAND RIGHT OVER HIS WIFE’S EARNINGS / MONEY WHEN MARRIAGE ENDS:
Legally husband has no claim on his wife’s earnings and savings. But just in case, the wedding ends during a divorce somehow, then he could get alimony from his wife if the court feels he cannot financially survive on his own and his wife has extra to spare.
UNDER WHAT LAWS HUSBAND CAN CLAIM MAINTENANCE FROM HIS WIFE?
Section 24 of Hindu Marriage Act, 1955 providing for maintenance pendente lite and expenses of proceedings states that where it appears to the Court that either the wife or the husband because the case could also be, has no independent income sufficient for her or his support and therefore the necessary expenses of the proceeding, it may, on the appliance of the wife or the husband, order the respondent to pay to the petitioner the expenses of the proceeding, and monthly during the proceeding such sum as, having reference to the petitioner’s own income and therefore the income of the respondent.
Source: https://indiankanoon.org/doc/1449825/
Section 25 of Hindu Marriage Act, 1955 providing for permanent alimony and maintenance states that the Court may on an application made thereto by either the wife or the husband order that the respondent shall pay to the applicant for her or his maintenance and support such gross sum or such monthly or periodical sum having regard to the respondent’s own income and other property, if any, the income and other property of the applicant.
Source: https://indiankanoon.org/doc/95286/
CASE LAWS ON HUSBAND CLAIMING MAINTENANCE FROM WIFE:
A bare perusal of the aforesaid statutory provisions indicates that the Law doesn’t discriminate between husband and wife for instituting a claim of maintenance.
However, the varied judgments rendered by the Courts in India aid in streamlining the law and in understanding the factors the Court take into consideration while granting maintenance to the husband during a particular case.
Husband Seeking Maintenance from Wife is often treated only as Exceptional Case
Nivya VM v. Shivaprasad N.K. (Kerala High Court)
In this case, the husband had asked for maintenance pendente lite from the wife under Section 24 of the Hindu Marriage Act, 1955.
While determining the facts of the case, the Court made the subsequent key observations concerning the maintenance claim by the husband.
That under Section 24 a petition is often filed by either wife or husband who is unemployed and has no source of income to support pendente lite maintenance and litigation expenses from the opposite spouse, who is capable of providing an equivalent.
So a petition filed by the husband on this ground is perfectly maintainable under the provision of Section 24 of the Act.
In the case of the wife filing an application for maintenance from the husband, unless he’s ready to establish that he’s permanently disabled from getting any income, he can’t be discharged from the payment of maintenance to his wife.
That a husband seeking maintenance from the wife are often treated only as an exceptional case as normally he possesses the liability or obligation to take care of the wife and the other way around is merely exceptional.
That a husband not making any plan to earn money though capable of getting a private job cannot claim maintenance from the wife who was in Government service.
So it’s clear from the order mentioned above that it’s not a traditional practice of husband applying for maintenance from the wife who is used though he’s capable of maintaining himself by performing some work.
If such an attitude has been taken by the Courts, then idleness of husbands are going to be promoted and that they are going to be tempted to not do any work and depend upon the wife for his or her livelihood, and such thing isn’t expected to be promoted within the society which wasn’t the intention of Section 24 of the Act providing maintenance to either party to the proceedings.
That the legislative intent under Section 24 was intended to support only such spouse who is basically incapable of maintaining himself/herself to urge something for his or her subsistence and to conduct the legal action which they were forced to encounter from the opposite party to the proceedings who is capable of supporting the opposite spouse and zip more.
UNDER WHAT CIRCUMSTANCES THE HUSBAND IS ENTITLED TO URGE MAINTENANCE:
Kamelendra Sawarkar v. Kamalendra @ Kamalakar s/o. Rajar(Bombay High Court)
In this case, the Bombay supreme court took the question on under what circumstances, the husband is entitled to urge maintenance under Section 24 of the Act.
Within the case, it had been held that since the wife is employed, the husband cannot make himself wholly dependent upon her income through a provision under Section 24 of the Act.
If he is not handicapped or unable to earn himself, to grant maintenance to such an able-bodied person equipped with skill would promote idleness, which is against the spirit of Section 24 of the Act.
HUSBAND CAN’T INCAPACITATE HIMSELF AND DEPEND UPON EARNING OF THE WIFE:
Yashpal Singh Thakur v. Smt. Anjana Rajput (Madhya Pradesh High Court)
In this case, the Madhya Pradesh supreme court held that it’s true that Section 24 of the Hindu Marriage Act, 1955 entitles either party to manoeuvre an application for maintenance provided such party has no means of subsistence and therefore the other party is during a position to supply maintenance.
But it doesn’t mean that the husband who is otherwise capable of earning his living should stop earning the living and begin counting on the earning of the wife. therein case the husband has incapacitated himself by stopping the running the auto-rickshaw on hire.
it’s a well-established maxim of Anglo Saxion jurisprudence that nobody is often allowed to incapacitate himself. That maxim is applicable to the case of earning a husband. an individual who voluntarily incapacitates himself from earning isn’t entitled to say maintenance from the opposite spouse.
DELHI SUPREME COURT GRANTS Rs.20000/- AS MONTHLY MAINTENANCE TO HUSBAND:
Rani Sethi v. Sunil Sethi (Delhi High Court)
In the case, the husband had sought maintenance from his wife under Section 24 of the Act and therefore the court supported the facts and circumstances of the case directed the wife to pay maintenance to the respondent @Rs. 20000/- and Rs. 10000 as litigation expenses and also to supply Zen Car for the utilization of the respondent-husband.
Aggrieved by an equivalent, the wife approached the supreme court whereby the Court made the subsequent observations:
That the aim of Section 24 of the Hindu Marriage Act is to supply support to a spouse who has no independent source of income and is incapable of maintaining himself/herself.
It is stereotype law that the term “support” isn’t to be interpreted in a narrow manner so on mean bare subsistence.
It means the opposite spouse, who has no independent source of income, is given such maintenance so on sleep in an identical status as was enjoyed by them in their matrimonial home. it’s the aim of Section 24 of the Hindu Marriage Act that the wife or the husband who has no sufficient source of income for her or his support or for the expenses of the proceedings must be given such a reasonable sum that strikes equity between the spouses.
In view of the facts of the case and therefore the settled position of law the Delhi supreme court dismissed the appeal and upheld the Trial Court’s order.
Here it might be relevant to say that within the aforesaid case, wife and husband had found out the business together initially by selling the respondent’s ancestral property. However, afterwards, the husband was thrown out of the matrimonial home with few of his articles.
Conclusion
The husband doesn’t have a right over his wife’s earnings. However, morally she is required to share her earning together with her husband for the advantage of THE COMMON HOUSEHOLD. If money may be a problem between husband and wife, then both spouses should put in the proportional amount of cash within the common household fund.
The Hindu Marriage Act,1955 provides different provisions under which the husband can claim maintenance and the wife’s property. There are certain provisions under different sections that must be fulfilled by the husband to urge maintenance. He i’s the category 1 legal heir of the wife so if the wife dies then-husband and his children get the share of the wife’s property.
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