New law to help wife in property

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New Delhi: In a bid to make marriage laws more in favour of women, the government on Wednesday approved a number of recommendations made by a Group of Ministers (GoM), which include giving sufficient compensation to a wife from her husband’s ancestral property in case of divorce.
Government sources said that the Union Cabinet, in its meeting chaired by Prime Minister Manmohan Singh, gave its nod to the recommendations of the GoM on Marriage Laws (Amendment) Bill.One of the key issues the GoM was asked to decide was whether a court could work out “sufficient compensation” for a woman from her husband’s ancestral property in case of divorce, which takes place on the grounds of “irretrievable breakdown of marriage”.
The GoM, set up recently to decide on the Marriage Laws (Amendment) Bill, was also asked to take a view on whether a judge can exercise discretion in granting divorce if one of the partners does not move a second “joint application” for divorce with mutual consent.
While the Bill has a provision for share in a husband’s self-acquired property, the GoM headed by defence minister A.K. Antony recommended a new clause — 13 f. It says if the ancestral property can’t be divided, then the woman should get sufficient compensation by calculating husband’s share in it.
Amendment Bill gives new divorce option
The amount of the compensation to a wife from her husband’s ancestral property in case of divorce can be worked out by the court hearing the divorce case, a Group of Ministers said on Marriage Laws (Amendment) Bill.
Since there was a divergent view on the issue within the government, the Prime Minister constituted the Group of Ministers  under chairmanship of Antony.
Sources said, that a section in the government believed that the very purpose of seeking divorce on mutual consent would be defeated if the courts are allowed to have discretion in deciding the compensation. 
They said if one of the parties refuse to move a joint application, then the other should be allowed to file for a divorce on grounds other than mutual consent.
The amendment bill, which seeks to alter the Hindu Marriage Act, 1955, and the Special Marriage Act, 1954, introduces option of divorce on grounds of “irretrievable breakdown of marriage”.