• Legal agreement between husband and wife

My wife want legal agreement she want to give her salary to her parents what should i do?
Asked 6 years ago in Family Law
Religion: Hindu

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42 Answers

If you are agreeable to the same then you may get the same drafted. 
let me know if I can be of some help.

 

Regards

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

You should go for MoU agreement between you both.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

There is no legal infirmity in that. She can give her salary to any person  she pleases. Nothing can be done legally to stop that. 

But, she cannot force you to sign any such agreement. No need to sign anything.

Siddharth Jain
Advocate, New Delhi
6617 Answers
102 Consultations

She is at liberty to send some part of her salary to support her dependent parents 

 

2) at same time she should spent some portion of her income in meeting household expenses 

Ajay Sethi
Advocate, Mumbai
99787 Answers
8146 Consultations

Don’t sign any agreement 

Ajay Sethi
Advocate, Mumbai
99787 Answers
8146 Consultations

If you don’t agree to the same then ask her what does she want. Since you two have to live together, you have to decide the terms on which you will be living. 
it will be better if you to sit down and discuss the issue and way out. 

let me know if you need any kind of detailed consultation on the issue 

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

That's her Income and her rights whom to give and whom to not.

 

You can't stop her to do such thing because she is not asking to give from your salary.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

That's her personal choice. What legal agreement can be drafted for the same

Prashant Nayak
Advocate, Mumbai
34522 Answers
249 Consultations

1. If it is her salary then she is entitled to spend it in any way she wishes to includong paying to her parents for which she need not enter in to any agreement with anybody.

2. She can give her salary to her parents without the egareement with you.

Krishna Kishore Ganguly
Advocate, Kolkata
27703 Answers
726 Consultations

She can still pay her salary to her parents legally even if you do not agree for the same.

Krishna Kishore Ganguly
Advocate, Kolkata
27703 Answers
726 Consultations

For that only you have to make MoU so she has to give her share of salary in matrimonial home for today expenses.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

1. Ordinarily you being the husband shall have to bear the said expenses.

 

2. There is no provision in law which stipulates that wife shall have to bear full or part of the household expenes. Such expenses are mutually arranged.

 

3. Similarly the wife has no right to object if her husband spends money to support the needs of his parents.

 

Krishna Kishore Ganguly
Advocate, Kolkata
27703 Answers
726 Consultations

Don’t agree to entire salary being paid to parents 

 

she should bear her share of household and child expenses if she is working 

Ajay Sethi
Advocate, Mumbai
99787 Answers
8146 Consultations

Definitely. What you are saying is right, but no law regulates the relationship between husband and wife. It is upon your understanding and mutual understanding 

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

1. Please note that pre or post nuptial agreement has no legal sanctity or enforceability in India.

2. In other words the rights and obligations of the respective souses are governed by the law of the land which remains unchanged by private contract between the married couple.

3. You have no control over the salary of your ife and hence it is her choice whom to deliver her earnings.

Devajyoti Barman
Advocate, Kolkata
23655 Answers
537 Consultations

You can obtain order from court against her to contribute in child expenses only. But no law to restrain her from giving her self earning money to her parents. Household is responsibility of husband, wife can contribute by wish and not by force.

Yogendra Singh Rajawat
Advocate, Jaipur
23082 Answers
31 Consultations

There is no agreement of this kind between husband and wife neither any such agreement is maintainable in law.

you may orally agree to her proposal and dont interfere in her desire to take care of her parents, by this most of the problems can be solved.

 

T Kalaiselvan
Advocate, Vellore
89989 Answers
2493 Consultations

If you dont agree with her proposal to give her salary to her parents then the frictions will begin leading to a big gap, quarrels, disputes ending up with matrimonial disputes and legal separation and exchanges of spats which will turn the situation  more ugly, hence to avoid all such developments, you may take a wise decision at right time.

T Kalaiselvan
Advocate, Vellore
89989 Answers
2493 Consultations

You can convince her that the responsibility of taking care of the household expenses and the children maintenance can be shared by both of you so that you both can live happily without any pressure to met the family expenses including future savings for the children in the form of buying some assets.

You can even mention that let she help her parents but not with the entire salary amount, let she also contribute to your household/family affairs also with her mite. 

You may have to adopt diplomatic tactics to balance the situation and run the family smoothly because this is not going to be the final call, just allow her to move on for now and gradually you can draw her back to your own thoughts and plans instead of agitating and objecting to her plans and ideas now itself. 

T Kalaiselvan
Advocate, Vellore
89989 Answers
2493 Consultations

It is perfect arrangement, which will avoid future complications & misunderstandings.

You both of you are on same platform, chalk out T&C and complete the agreement by affixing signatures.

She is at liberty / has moral responsibility to maintain her parents (if she is working).

Further, it is her duty to maintain the  children and support you in contributing to meet household maintenance.

If you are not agreeable  to the same, do not sign the Agreement.

Payment  of whole salary to parents by a married women is not acceptable, do not agree for the same.

 

S Srinivasa Prasad
Advocate, Hyderabad
2876 Answers
9 Consultations

There is no rule or act for the same this all depends on Mutual understanding. 

Prashant Nayak
Advocate, Mumbai
34522 Answers
249 Consultations

- As per law, A husband cannot claim any right over the earnings of his wife , but if the husband is not having any source of income , then a husband can claim maintenance from his wife under section 24 of Hindu Marriage Act.

- Further, similarly, A husband cannot inherit any share in the property of his wife during her life time, and further a husband also has no right over the gift /jewellery/share benefits, which a wife received at the time of her marriage.

- Hence, as per law, you cannot force her to expend all the amount as per your wish,but being a wife , it is her duty to take care the expenses of the household , if she is a working woman. 

- Since , she wants to give her salary to her parents , then it amounts to cruelty , specially if she wanted to enter into an agreement , so that you cannot raise any issue in future . 

- You should refuse to sign the same , otherwise you will be bond with the contents of the agreement. 

- Further, if your income is not sufficient for household expenses, then you  claim maintenance from your , if you can prove that wife is capable to maintain the needs of the house.

Mohammed Shahzad
Advocate, Delhi
15814 Answers
242 Consultations

Legal agreement as to personal conduct or promise without for natural love and affection or without consideration  is void. 

You can enforce your wife to meet out up-to 50% of the household expenses since she has a regular source of income. 

 

Kallol Majumdar
Advocate, Kolkata
2837 Answers
14 Consultations

Hello, 

1) It is a matter of mutual understanding and what needs to be preserved for your nuclear family's requirements. If you are agreeable you may draw up an agreement to that effect signed by both of you in presence of witnesses. 

2) If you are not in agreement with your wife sharing her entire salary with her parents you must disagree and tell her that she needs to consider the needs of the family she is immediately a part of. You are under no compulsion to sign any such agreement in a marriage legally. 

3) Both the spouses are equally responsible for the expenses of the household as well as that of the children. Therefore convince your wife about the practical aspects and politely refuse to sign any agreement. 

S J Mathew
Advocate, Mumbai
3619 Answers
175 Consultations

See wife without agreement also can give her salary to parents and you cannot object though other condition of such agreement can be pursued.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

You can deny agreeing and can further mutually decide terms.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

See you can ask her to pay half of child and household expense rest she can give to her parents and can agree to same.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

She is free to give her salary to anyone. There can be no legal agreement.

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

Yes. If you agree then it is ok but if you do not then a mutual agreement has to be made.

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

She cannot abdivate her responsibility as a wife and as a mother and give all her salary. She may give a part of her salary though.

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

1. she is at liberty to spent her own income as per her wish but at the same time she is socially bound to help her spouse about household/child expenses,

2. do not enter into any such agreement,

3. since she is giving her money to the parents only, therefore, you can try to settle the matter amicably involving elders of the family,

 

 

Suneel Moudgil
Advocate, Panipat
2386 Answers
6 Consultations

It is immaterial whether you agree to it or not.

Siddharth Jain
Advocate, New Delhi
6617 Answers
102 Consultations

There is no law which stipulates that the wife has to to give a part of a salary towards household expenses and child expenses. It has to be mutually agreed between the parties.

Siddharth Jain
Advocate, New Delhi
6617 Answers
102 Consultations

1. She is free to give her salary to her parents. No agreement is required for this.

2. She does not require you to agree to this.

Ashish Davessar
Advocate, Jaipur
30840 Answers
981 Consultations

Ideally she should not be giving her entire salary to her parents, but she is legally free to do so. 

Ashish Davessar
Advocate, Jaipur
30840 Answers
981 Consultations

There is no law which can stop her from giving her entire salary to her parents.

Ashish Davessar
Advocate, Jaipur
30840 Answers
981 Consultations

Hi

Its your duty to maintain your wife, house and child.

Why are you looking forward to her salary. 

Still its her earning, she can spend it wherever she wants it to.

Moreover you can normally talk with her and ask her to share her salary for household chores. 

Thanks

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

As of right a husband can not ask and claim right on wife's money or earnings.

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

Don't sign any agreement or MOU

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

both should share in the responsibility for deciding the household budget.

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

1. You can make legal agreement but it doesn't have any value because your wife already have liberty to give her salary to anyone. 

2. You can take care of the expenses if you have enough income other wise she will automatically spend her income on her children. 

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

Dear Sir,

Different couples deal with financial issues differently. The important thing is to discuss this issue openly between yourselves and come to a mutually agreeable solution.

As your wife probably contributes something to the marriage, either as a wage earner, or as a house wife, it seems fair to me that the money that either of you earn shouldn't be regarded as His money, or Her money, but as belonging to both of you, jointly. You two can jointly decide to allocate a certain amount of discretionary/personal funds for each of you every month to spend as you please. The rest of the money should only be spent with both of your consent.

If your wife decides to give money without your consent to her family, she should give it from her personal funds. If you decide to give money to your family without her consent, you should also give it from your personal funds. If there are big financial emergencies for either of your families, and you want to contribute from joint money, you should both agree to it before that happens.

You and she can also use those personal funds for hobbies, or buying gifts for each other, etc.

This is just one way to solve this issue. There are many other possible solutions that both of you could come up with together. The important thing is to keep communication channels open, and work together to find a mutually agreeable solution.

Netravathi Kalaskar
Advocate, Bengaluru
4951 Answers
27 Consultations

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