March 24, 2012

Women get Right to Husbands' Property

The Union Cabinet chaired by Prime Minister Manmohan Singh cleared a bill granting wife a share in her husband's property, which is described as a significant move for women.

Apart from giving women the right to their husband's property, the cabinet approved various proposals seeking amendments in the Hindu Marriage Act of 1955 and Special Marriage Act of 1954 aimed at providing ‘irretrievable breakdown of marriage’ as a new ground for parting ways.
The redrafted Marriage Laws (Amendment) Bill, 2010 also gives rights to adopted children on par with biological off-springs in case a couple goes for divorce.

The Marriage Laws (Amendment) Bill was earlier introduced in the Rajya Sabha in August two years ago. It was referred to the Parliamentary Standing Committee on Law and Justice and Personnel.

The Committee had supported the bill in March last year which seeks to make "irretrievable breakdown of marriage" a new ground for the divorce but opposed the prevailing waiting period of six months to 18 months before moving a joint motion for annulling marriage. It had also recommended that women should have share in their husband's property in case of divorce.

The government also accepted the recommendation of the Committee but the quantum of share will be decided by the courts on case-by-case basis.

With the decision, now the divorce will be granted immediately by the courts and wife will get the property of the husband after divorce.

According to the Cabinet Note, a wife can oppose the husband's plea for divorce under the new "irretrievable breakdown of marriage" clause, but the husband can not oppose wife's divorce plea in the court.

No comments:

Post a Comment