The Supreme Court on Wednesday while upholding the maintainence rights of divorced Muslim womens un Section 125 of CrPC observed that Indian married man must become conscious of the fact that he would have to financially empower and provide for his wife, who does not have an independent source of income, by making available financial resources particularly towards her personal needs; in other words, giving access to his financial resources.

Justice BV Nagarathna in a seperate judgment observed that such financial empowerment would place such a vulnerable wife in a more secure position in the family. The verdict said that the sacrifices of homemakers for the economic wellbeing of the family, and the economy of the nation, remain uncompensated in large sections of our society.

“Those Indian married men who are conscious of this aspect and who make available their financial resources for their spouse towards their personal expenses, apart from household expenditure, possibly by having a joint bank account or via an ATM card, must be acknowledged,” the verdict read.

The top court while refering to its earlier verdicts on similar lines, made crucial observations and raised concerns over the vulnerabilty of a home-maker in Indian society.

“I would like to advert to the vulnerability of married women in India who do not have an independent source of income or who do not have access to monetary resources in their households particularly for their personal expenses. In Indian society, it is an established practice that once a daughter is married, she resides with her husband and/or his family unless due to exigency of career or such other reason she has to reside elsewhere.”

The top court observed that in the case of a woman who has an independent source of income, she may be financially endowed and may not be totally dependent on her husband and his family.

“But what is the position of a married woman who is often referred to as a “homemaker” and who does not have an independent source of income, whatsoever, and is totally dependent for her financial resources on her husband and on his family? It is well-known that such an Indian homemaker tries to save as much money as possible from the monthly household budget, not only to augment the financial resources of the family but possibly to also save a small portion for her personal expenses. Such a practice is followed in order to avoid making a request to the husband or his family for her personal expenses.”

The court observed that most married men in India do not realise this aspect of the predicament such Indian homemakers face as any request made for expenses may be bluntly turned down by the husband and/or his family.

“Some husbands are not conscious of the fact that the wife who has no independent source of finance is dependent on them not only emotionally but also financially. On the other hand, a wife who is referred to as a homemaker is working throughout the day for the welfare of the family without expecting anything in return except possibly love and affection, a sense of comfort and respect from her husband and his family which are towards her emotional security. This may also be lacking in certain households.”

The top court said that while the contributions of such a homemaker get judicial recognition upon her unfortunate death while computing compensation in cases under the Motor Vehicles Act, 1988 for insurance the services and sacrifices of homemakers for the economic wellbeing of the family, and the economy of the nation, remain uncompensated in large sections of our society.

“Therefore, I observe that an Indian married man must become conscious of the fact that he would have to financially empower and provide for his wife, who does not have an independent source of income, by making available financial resources particularly towards her personal needs; in other words, giving access to his financial resources.

Such financial empowerment would place such a vulnerable wife in a more secure position in the family, the court said.

The top court observed that both ‘financial security’ as well as ‘security of residence’ of Indian women have to be protected and enhanced. It further emphasised that a strong Indian family and society would ultimately lead to a stronger nation. But, for that to happen, women in the family have to be respected and empowered, the apex court said.

“That would truly empower such Indian women who are referred to as ‘homemakers’ and who are the strength and backbone of an Indian family which is the fundamental unit of the Indian society which has to be maintained and strengthened. It goes without saying that a stable family which is emotionally connected and secure gives stability to the society for, it is within the family that precious values of life are learnt and built. It is these moral and ethical values which are inherited by a succeeding generation which would go a long way in building a strong Indian society which is the need of the hour.”