“The contribution which wives make towards the acquisition of the family assets by performing their domestic chores, thereby releasing their husbands for gainful employment, would be a factor which, this Court would specifically take into account while deciding the right in the properties either the title stand in the name of the husband or wife and certainly, the spouse who looks after the home and cares for family for decades, entitled to a share in the property," Justice Krishnan Ramasamy said.
The court added, “If, on marriage, she gives up her paid work in order to devote herself to caring for her husband and children, it is an unwarrantable hardship when in consequence she finds herself in the end with nothing she can call her own."
The court acknowledged that if there is a joint contribution, whether direct or indirect, both the husband and the homemaker are entitled to an equal division of the assets.
Justice Krishnan Ramasamy said, “No law prevents the Judges from recognizing the contributions made by a wife facilitating her husband to purchase the property. In my view, if the acquisition of assets is made by joint contribution (directly or indirectly) of both the spouses for the welfare of the family, certainly, both are entitled to equal share."