Re: [GRN] Yes, Madras ( Chennai) high court and women's rights lawyer Flavia Agnes, are absolutely right

Thu, 29 Jun 2023 01:58:05 -0700

Albertina,
There were instances in Goa in which the husband moved into the wife’s house without being “ghor zanvoi”. This happened with my paternal grandfather Luiz Caetano de Figueiredo and two of his brothers. 
John M de Figueiredo 

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On Jun 29, 2023, at 2:50 AM, Albertina Almeida <[email protected]> wrote:


Thank you for posting this. 

Yes, there are matrimonial property rights in Goa, and that incidentally was the subject of my Ph. D, thesis. 

But the problem is how it translates in an unequal patrilocal society.  The matrimonial property rights are also enjoyed by the husband to his wife's share in her ancestral properties, for which he does no work (usually) like she does to his assets, given that she moves to his house/2-3 generation house) after marriage (ghor zanvoi being an exception). So having a law equal across the genders doesn't mean justice in an unequal patrilocal society.

Because we consider Goa's 'uniform' civil code' as a holy cow, many Goans do not want to discuss the problems, which lie partly with the content of the law and partly with its implementation. Most do not even want to plug into the debate on Uniforn Civil Code, when whatever is the outcome of that is going to have a bearing on Goans.

Sincerely

Albertina




On Wed, Jun 28, 2023 at 3:30 PM PEDRO MASCARENHAS <[email protected]> wrote:
Do they have it in practice or in theory? The laws shine on the shelves.

Tensing Rodrigues <[email protected]> escreveu no dia quarta, 28/06/2023 à(s) 10:51:
What's so great about it ? Goan housewives have had it for ages.

On Wed, 28 Jun 2023 at 15:18, 'Pedro Mascarenhas' via Goa-Research-Net <[email protected]> wrote:
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An Indian court's recent verdict that significantly expands the rights of homemakers over their husband's property has been hailed as a positive sign by women's rights advocates.

On 21 June, the Madras high court - in the southern state of Tamil Nadu - passed a verdict in a domestic dispute case that allowed a housewife equal share in her husband's property.

Experts say this is the first time an Indian court has formally recognised the contribution of a housewife to the husband's income. They, however, point out that the verdict is not binding on other states unless the country's Supreme Court rules along similar lines in future.

The wife works for 24 hours in various roles, including that of a chef, a "home doctor" and a "home economist", the court said. In the absence of the homemaker's duties, the husband would have to pay for the services these roles provided.

"By performing these skills, a wife makes the home a comfortable environment and her contribution towards the family, and certainly it is not a valueless job, but it is a job doing for 24 hours without holidays, which cannot be less equated with that of the job of an earning husband who works only for 8 hours," the court noted.

Women's rights lawyer Flavia Agnes called it a "very positive judgement because it recognises women's domestic labour".

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