Law for Wife or Punishment to Husband
NEW DELHI: The Union Cabinet is likely to discuss an amendment to the
marriage laws which, in the event of a divorce, would give the wife an
equal share of not only the property acquired by the husband during or
before the marriage but also his inherited or inheritable property.
The proposed amendment, that is likely to be controversial, aims to
redefine the phrase 'residential property' to include not just the
residential house but also other properties acquired by the husband.
In case other members of the family (apart from the husband) also have
rights in the inherited property and it is impractical to divide it, the
amendment proposes to compensate the wife with an equivalent amount of
money in place of her share.
The proposed change aims to give the wife an equal share in the property
regardless of whether it was acquired before or after marriage and
regardless of whether it is only in the husband's name or held jointly.
The changes in the Marriage Laws (Amendment) Bill, being brought under
pressure from civil society as well as a section of MPs, is expected to
come up in the cabinet meeting on Wednesday.
The government had earlier introduced the amendment bill in order to
alter the Hindu Marriage Act, 1955, and the Special Marriage Act, 1954,
to introduce the option of divorce on grounds of "irretrievable
breakdown of marriage".
The government had brought in a Bill to grant the wife the right to a
share in the movable and immovable residential properties. But this was
found wanting by some civil society groups who demanded that the wife
should have a right not just in residential property but also all
immovable properties of the husband.
Responding to the criticism, the government has now proposed to make
another couple of amendments to provide a share to divorcing women in
not just acquired properties but also inherited property and bringing in
immovable assets beyond the residential house.
The government has decided to create a special provision in case of
inherited properties in light of a Supreme Court order that one co-owner
of joint family property does not have the right to sell his undivided
share. Considering the Supreme Court orders, the government contended
that giving over half the share of the husband in inherited property
could lock the divorcing wife in to future litigation. Therefore, the
amendment provides for the court to decide if she should get money in
lieu of her share in such cases.
http://timesofindia.indiatimes.com/india/Government-bid-to-give-wives-inherited-property-share/articleshow/19791052.cms
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