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sudhish   22 January 2015

Hindu law

According to Hindu Law, anything earned by the wife according to her means or work before or after marriage is her stridhan. This falls into the non-saudayika part of her stridhan.

So a hindu husband do not stand any chance of getting the wifes salary to help run the household unless the wife willingly gives it. Now upon divorce the wife can demand the money she contributed to the household. Am I correct ?

A hindu wifes maintenance is a husband's responsibility. So even if she earns she can choose not to make any financial contributions, but also get her food, housing, clothing and medical from the husband.

Don't these laws need to be changed ? Western countries have proper marital code and rule of marital property. where both has to contribute to marriage positively. Our country needs change its decades old irrelevent laws.


Learning

 10 Replies

Biswanath Roy (Advocate)     24 January 2015

Admittedly certain changes  and/or modifications are needed considering basic changes in the Hindu Society.

Adv k . mahesh (advocate)     24 January 2015

anything earned after marriage thus not come under stridhan 

Stridhan is, generally speaking, what a woman can claim as her own property within a marital household. It may include her jewelry (gifted either by her family), gifts presented to her during the wedding or later, and the dowry articles given by her family.

Gifts given by the parents of the bride are considered “stridhan”, i.e. property of the woman, traditionally representing her share of her parent’s wealth. and in my view salary is not a part of stridhan and it is her wish to share in her household or she can keep with her 

T. Kalaiselvan, Advocate (Advocate)     24 January 2015

What is your query?, this does not seems to be a query at all, if you so much interested to change the situation, you may initiate the movement.

Advocate Ravinder (Advocate/Attorney)     25 January 2015

You have spent the amounts yourself volountarily.  Now you cannot claim. After all  you spent it for your family only and not for third party.

Biswanath Roy (Advocate)     25 January 2015

Query of the author itself contains his question i.e.,equality in respect of obligations of male and female in the Indian society.

Yes, on the point of equality of male and female in our society and as our Constitution does not permit and sanction adoption of discriminatory policy monitory contribution of male and female in the family ought to be taken up as equal liability.

ANAMIKA VICHARE (LAWYER)     27 January 2015

If the wife is earning she is liable to contribute to the household expenditure tahat is not streedhan

ANAMIKA VICHARE (LAWYER)     27 January 2015

If the wife is earning she is liable to contribute to the household expenditure tahat is not streedhan

Anjuru Chandra Sekhar (Advocate )     27 January 2015

There is nothing like "Hindu law" as such now. Wife is "employee on probation" for as long as she stays with husband and matrimonial home is a "hotel" which should satisfy her needs in accordance with the dowry she brought in. If that is how law and property changed the mindsets from both sides, there is no point in calling it "Hindu law".

sudhish   01 February 2015

My query was to stir some thoughts. The Hindu Marriage Law states that A woman's Stridhan is considered to be under her absolute ownership of the woman. The Saudayika part of Stridhan is what she receives as gift and inheritance at at or during marriage. The Non-Saudayika part of stridhan is what she earns by her skills.

The husband has no right to demand and if a wife wants to hold on to her income she can do it and make the husband bear all the expenses because of this stridhan law. The liability to contribute to the household from her income is not stated in the law nor can be enforced because stridhan law will contradict it.

Anjuru Chandra Sekhar (Advocate )     16 February 2015

Sudhish, your thoughts are through provoking however you may note that law comes into being only when dispute arises (especially family law).  Till then it is all as per understanding between family members.  The relationship of wife and husband is not an exception.  Without sorting out issues amicably treating difficulties in relationships are part and parcel of life, if you entertain the thoughts of breakup, you will get to know the provisions of law as punishment.  Punishment because since then your mind will think more about law than about your relationship.  And you will start feeling she is placed on a better footing than me by law and that spoils your relationship further because once law is on her side you will get more ANTI-WIFE.  If you had not thought of break up, you would not have seen law and known law and you would have been happy.:)


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