Cabinet approves reforms in marriage, divorce and adoption laws
Agencies
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New Delhi, 24 March 2012: The Union Cabinet on Friday 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 gives courts the right to reduce or waive off the mandatory cooling period and grant divorce immediately.
The bill, based on key recommendations of a Parliamentary Standing Committee, also allows a woman a share in her husband’s property. The quantum of share will be decided by the court on case-by-case basis.
The Marriage Laws (Amendment) Bill, 2010, was introduced in the Rajya Sabha 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 of six months to 18 months before moving a joint motion for annulling marriage.
The changes made in the 2010 bill are based on the recommendations made by the Parliamentary Panel then headed by Jayanthi Natarajan.
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.
The government has also made share in husband’s property acquired by marriage a right for women who so far used to get maintenance from courts.
A Minister who attended the meeting said the bill lacks any clear cut rule on the share of property a wife will get.
Apart from giving women the right to their husband’s property, bill also aims at giving rights to adopted children on par with biological off-springs in case a couple goes for divorce.
The Cabinet meeting chaired by Prime Minister Manmohan Singh cleared the draft bill.
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I am regretting now for not being born as girl child. So many legally money making facilities supporting laws. Hats-off to our Politicians for enforcing Gender discrimination. Do they dont have boy Child/Son/Son-in-law??? This HMA amendment on 23/03/12 would trigger a good employment to un-employed women and better opportunity for married employed women seeking for divorce to make money in much easier way. I dont foresee any thing beneficial or supportive law for men as usual. If this is the matter why should we (men) go in for giving life comforting them (women) by marrying them. Let them become headache to their parents or let Law marry them. We (men) are also refrained from opposing the divorce plea if they (women) go for divorce but they can oppose divorce plea if we go for it. Wah, Mera Bharat Mahan. Finally, irrespective of divorce intentions Men will be losing Name,fame,Money,career,Mental Peace. Get Married, If you Guys have never encompassed Matrimonial sorrows, problems
If men goes for divorce from wife after seperation for very long years, is there any benefit for men in special marriage act.
If a women gets a right in husband s property whether in self acquired property or in ancestral property of the husband? what will happen to her right after divorce.