Matrimony Relationship

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Introduction Among the major changes that one can expect upon entering into matrimony are economic changes that both the husband and wife face. These economic changes can start taking place even before all the ceremonies take place with an ante nuptial contract. Property transactions between husband and wife may be subject to special rules, especially if the relationship of agency is superimposed on that of matrimony. Let us first understand what exactly an agency is and who can be appointed as an agent. The term agency basically means a contractual relation between two parties wherein one party gets the upper hand to represent the other in day-to-day situations. According to section 184 , any person can be appointed as an agent. There is competency…show more content…
Actual authority is said to exist when the husband himself, with his own will authorizes his wife to play the role as his agent or does some act like paying her bills and engages in transactions, he his bound to continue this in the future as well. Once established the wife’s authority as an agent continues till the time a notice has not been presented to those who knew of the agency. Apparent authority comes to play when either by spoken words or any other actions of the husband which when reasonably interpreted by any third person makes him believe that the husband consents to the acts that have been done by the wife on his behalf. Ottenstien v. Julius Garrfinkel & Co, is case related to apparent authority wherein, the wife previously had an authority because she undertook a transaction and the husband ratified her. This authority was came to end as the couple had parted ways but the husband was not able to inform the creditors. The husband contested that he did no action that would convey to the stores that his wife still had the authority to use the credit. But the court said that the time period in which they separated and the notice was provided he was liable because the wife still carried the apparent…show more content…
On the other hand, if the wife stays away owing to uncomfortable situations created by the husband (like desertion or cruelty) and she isn’t at fault then the wife has the complete right to get maintenance from her husband. If the husband fails to provide her maintenance then she has implicit authority to use the husband’s credit to keep up with the necessaries. Courts have made several attempts to specify the “necessaries” under which the wife can bind her husband and stated that these items vary upon the husband’s means conditions. In a case, the Orleans Court of Appeal stated that- while the law permits the wife to purchase necessaries when the husband does not provide them, it does so on the theory that she is the agent of the husband for that purpose. This authority, however, to act as the agent of the husband, is a conditional authority, and only avails in those instances where the husband himself has failed to make provision or to offer to make provision. '
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