Hindu Marriage Act amendments draw flak
The recently-cleared amendments to the marriage laws by the Cabinet, which allow equal share of residential property to wife and children, has not gone down well with NGOs as about 40 such organisations from all over India have decided to protest against the new divorce bill next week.
If passed, the amended bill will give women a clearly-defined share in their husband’s immovable property, including that acquired before marriage. As per the recent amendments, a wife would now be eligible to oppose the husband’s plea for divorce under the new irretrievable breakdown of marriage clause, the husband on the other hand will not have such a right if the wife moves the court on the same grounds.
“This is total injustice and against any natural justice system of the world. The property accrued before marriage, either spouse should not have any right, as there is no contribution of the other spouse to that, the contribution to be considered only on the property made after marriage and any claim to other’s property to be allowed if only the marriage obligation is more than 10 years,” said a senior representative from Save Family Foundation.
While, the new amendments have already received flak from the BJP, many organisations working for the cause of men have also submitted their objections to a Parliament committee. Expressing that this the new amendments (if passed) will create disharmony, huge litigation in courts for property disputes, increase of crime, NGOs have decided to protest against the proposed amendments at Jantar Mantar next week.
According to another proposed amendment — 13D (1) — where the wife is the respondent to a petition for the dissolution of marriage by a decree of divorce under Section 13C, she may oppose the grant of decree on the ground that the dissolution of the marriage will result in grave financial hardship to her and that in all circumstances be wrong to dissolve the marriage. The NGOs say that the right to “oppose” should be given to both the parties.
Comments
Matrimonial laws unduly
RUDRA PRASAD BHAUMIK
22 Aug 2012 - 13:09
Matrimonial laws unduly favouring india wife. We have laws 498a and DV act which are being grossly misused by indian wives. Indian husbands are suffering due to false cases lodged by wives, both mentally and financially. 98% cases are found false later while husband and his family being harass for years. Now this property act gives indian wife for speedy divorce and half of the property which has been solely created by husband fund. Law doesn't say husband could get wife's property or not. Women organisazion devised another conspiracy to harass men.
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