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Changes in marriage law welcome, says women

Delhi,Immigration/Law/Rights, Sun, 25 Mar 2012 IANS

New Delhi, March 25 (IANS) The government's move to make divorce a quicker process has been largely welcomed as a long overdue step though some women activists and lawyers have voiced doubts over doing away with the six month cooling off period.

 

The common strain among the women was that law should move along with changing times and there should not be any mechanical import of western ideas.

 

"I welcome it. Divorce should be made easier and the laws should keep pace with the changing times," Rekha Palli, a Supreme Court lawyer, told IANS.

 

Welcoming the move to make divorce easier, lawyer Meenakshi Lekhi slammed the move to make "irretrievable breakdown of the marriage" as ground of divorce. This would amount to giving the husband an excuse to walk out of the marriage for a much younger spouse, she said.

 

The union cabinet on Friday approved the Marriage Laws (Amendment) Bill 2010 by which "irretrievable breakdown of the marriage" was included as a ground for dissolving the marriage.

 

Besides this, the cabinet also approved giving the divorced wife a share in husband's property that he had acquired after marriage, and the adopted child getting same rights to property as are available to biological offspring of the couple.

 

It also left the existing cooling off period of six months to the discretion of the court.

 

"I think it is a welcome move. We have been demanding it for long," Ranjana Kumari of Centre for Social Research told IANS. "Share in the marital property is a very welcome move because as it stands today when a wife walks out of difficult marriage she has nothing to start afresh.

 

"But her share in marital property should have been specified and not left to the courts as it would mean more and more endless litigation," Ranjana Kumari said.

 

The cabinet under the approved amended bill has provided that the wife would have a right to wave a red flag in the event of the husband pressing for divorce on the grounds of "irretrievable breakdown of the marriage", but the same was not available to the husband in case the wife decides to seek dissolution of marriage on grounds of irrevocable breakdown of marriage.

 

Welcoming the incorporation of "irretrievable breakdown of the marriage" as ground for divorce, Ranjana Kumari says that doing away with the six months cooling off period is not good.

 

"A hold on period at times helps in cooling frayed tempers and the marriage is saved," she says, adding that "after all in our society marriage is sacred thing".

 

Giving the right to property to the adopted child at par with that of a biological offspring is also a welcome step as under the present dispensation this equality of right is not there, she added.

 

Apex court lawyer Aparna Bhat says the cabinet decision has not made anything easier. "All that has been done is that irreconcilable difference has been added as another ground for divorce.

 

"How has the entire process becomes easier," asks Bhat, posing what would happen if a wife opposes the husband's plea for divorce.

 

"Perhaps this (irreconcilable difference) may make divorce process easier for the women as husband cannot oppose it," she says.

 

"What has happened was long overdue. I don't know why India took so long to do what other civilized countries had done long ago," lawyer Rebecca John told IANS.

 

The proposed amendments would make divorce law more humane and sensitive to the contesting couple and adding irreconcilable difference as a ground for divorce is good, says Rebecca.

 

Meenakshi Lekhi, who is fighting the case of women officers seeking permanent commissions in the army, wonders how could the rights of a legally adopted child be different from a biological offspring of a couple.

 

She describes as "complicated" the provision giving the wife a right to property that she and her husband had acquired during their married life. She also asks "would a wife who is just one year in marriage be entitled to property inherited or earned by her husband?

 

"How could a wife walking away with whatever share of husband's property be reconciled with the maintenance that she is entitled under the existing law," asks Lekhi.

 

"The proposal to leave to the courts the waiting period before divorce is actually granted is in tune with an earlier provision which was wrongly interpreted by the Supreme Court giving it a fixed term which over a period of time became the law of the land," she says.

 

Lekhi says that "what is evident from the proposed changes in the law is that its authors have no grounding in law, nor are they the practitioners of law".

 

(Parmod Kumar can be contacted at parmod.k@ians.in)

 


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Comments:

Deepak

May 20, 2012 at 4:33 PM

The ammendment does not treat a wife of say 10 years with children differently from a woman who has denied physical relationsips and deserted her husband within 1-2 years, Even if the woman dumps the husband, she still gets away with half of the victim husbands assets. Is this some kind of joke?

ravikesh

March 25, 2012 at 9:09 PM

When there should be more counsellors there to solve family problems , they have come up with easy divorces...do away with498a as well as easy divorce laws...easy divorces would be bad for society especially in india in long run....this amendment will be misused a lot..guys would fiel for dicorces on whimsical reasons..unscriplous females may misuse it..is ancestral property not in its ambit..in smaller cities where people still have ancestral peoperties as their homes..what wil their wives get if only peoperty acquired after marriage will be considered..people will shy away from buying and building properties and loving homes after marriage...there were enough laws interfering in marital relationsships..more laws wouls be really worse.


 

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