Delhi High Court says ‘time has come’ to recognise homemakers’ rights, highlighting wives’ crucial role in property ownership and the need for legal recognition of their contributions.
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NEW DELHI: In a recent judgment, the Delhi High Court highlighted the vital yet often overlooked role of homemakers in Indian households, particularly in matters of ownership and property rights. The Court observed that while there is currently no statutory framework to recognise homemakers’ contributions in property ownership, “the time has come” for the law to evolve in this direction.
The ruling came on September 11 while deciding a woman’s plea challenging a family court order that denied her request for 50% ownership of the matrimonial property. She argued that her role as a homemaker enabled her husband to engage in gainful employment and, therefore, any property acquired during the marriage should be considered a joint product of their efforts.
However, the High Court upheld the family court’s decision, clarifying:
“Mere residence of the wife in the matrimonial home cannot by itself vest her with an indefeasible right of ownership over properties standing in the husband’s name.”
It further stressed that any legitimate claim must be backed by “proof of meaningful and substantive contribution” in the acquisition of the property.
While dismissing her plea, the Court did not shy away from acknowledging the invisible but indispensable role of homemakers. The bench of Justices Anil Kshetarpal and Harish Vaidyanathan Shankar observed:
“We believe that the time has come that such contributions be taken to their meaningful conclusion as these contributions remain hidden and downplayed.”
The judges highlighted that in countless households, particularly where there is no domestic help, the presence of a full-time homemaker allows families to save substantial expenses that would otherwise go towards household maintenance and childcare.
In its observation, the Court described marriage not merely as a social arrangement but as a partnership built on joint efforts:
“A matrimonial relationship is not merely a social arrangement but a legally recognised partnership that embodies the essence and fruits of marriage. It is a joint enterprise built on the common endeavour of both spouses, whose contributions, whether financial, emotional, or domestic, are integral to the stability and welfare of the family.”
The Court noted the absence of a statutory framework to quantify or recognise homemakers’ contributions for property ownership purposes. It suggested that it was for the legislature to step in:
“We take note of the fact that currently, there exists no statutory basis accounting for the recognition of such contributions of homemakers for the purpose of making any determination on the ownership rights or even to quantify the value of these contributions.”
Case Title:
MANIA GHAI Vs NISHANT CHANDER
MAT.APP.(F.C.) 303/2025 & CM APPL. 52720/2025
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