Cabinet passes Bill granting wife right in husband's property

[1]

A bill seeking to give a woman a share in her husband's property was approved by the Union Cabinet on Friday.

Apart from giving women the right to their husband's property, the Marriage Laws (Amendment) Bill, 2010, also aims at giving rights to adopted children on par with biological off-springs.

The cabinet meeting was chaired by Prime Ministe Manmohan Singh.

The Marriage Laws (Amendment) Bill, 2010, was introduced in the Rajya Sabha in August two years ago and then referred to the Parliamentary Standing Committee on Law and Justice and Personnel.

Supporting the Bill which sought to make ‘irretrievable breakdown of marriage’ a new ground for grant of divorce, the Standing Committee had in March last year opposed doing away with the prevailing waiting period before moving a joint motion for annulling marriage.

Partially accepting the recommendation, the government has now decided the cooling off period will be decided by courts.

According to the redrafted Bill passed by the Cabinet, adopted children will have rights on par with biological off springs of a couple in case the parents go for a divorce.

The government has also accepted the recommendation of the parliamentary committee that women should have a share in the property of her husband in case of a divorce but the quantum of share will be decided by the courts on case-by-case basis.

According to the Cabinet Note, while a wife can oppose a husband's plea for a divorce under the new ‘irretrievable breakdown of marriage’ clause, the husband will have no such rights to oppose if the wife moves the court on the same grounds.