MARRIAGES LAW (AMENDMENT BILL)
Amendments always bring revolutions and so the same does the
Marriage Law (Amendment) Bill. It has made the divorce more critical for the
men and friendlier for the women. It’s a gift from the government to the womanhood.
It has made men in a fix.
This amendment bill has dropped the number of divorce cases
throughout the country. Lawyers and their female clients are waiting for the
proposed Marriage Law (amendment).
What’s new in this bill:-
Several renovations have proposed to be done through this
bill. Some of them are:-
- · Marriage Law (amendment) bill provides for the wife getting share in the husband’s immovable property after the”irretrievable breakdown” of the marriage.
- · It seeks to empower the courts to decide the compensation amount from the husband’s inherited and inheritable property for the wife and the children once the marriage legally ends.
- · The bill allows both parties to file the divorce on the ground of “irretrievable breakdown of marriage”. For this both the parties have to live apart for at least 3 years.
- · If the court is satisfied that the adequate provision for maintenance of children has not been made consistently with the financial capacity of the parties to the marriage on the ground of “irretrievable breakdown” of marriage.
- · The wife has the right to oppose the grant of divorce on the ground that the dissolution could result in grave financial hardship.
- · Divorce is gender neutral, but, right over property will not be; as only wife can claim on husband’s immovable property.
- · The court can take an ex-parte on granting divorce if any of the two parties refuses to move a joint application.
- · Husbands can too move courts for irretrievable breakdown of marriages.
Law minister Kapil Sibal said that it is “a historic peace of legislation” in a patriarchal
society like India; where women, who constitute 50 percent of the population,
own only 2 percent of the assets.
This bill after coming into force will definitely bring
revolution in the patriarchal country like ours. The womanhood will be blessed
by this amendment bill and they could fight for their rights with new
dimensions.
But, some people still think that it’s a one-sided bill. They
fear that this law may be misused by the women like many other laws. But, in
reality this will certainly bring revolution in the status of the women of
India.
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