18 July 2013

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Divorce wife will get share in the husbands inherited property new change cleared by government

Divorce wife will get share in the husbands inherited property new change cleared by government

Congress government cleared legislation according to that a wife will have a share in her husbands inherited or inheritable marital property on divorce.
The law is silent on how much share wife will get in husbands inheritable property.
As per legislation the exact amount of compensation share of wife in husbands, inherited property will be decided by Judge.

if the ancestral property cannot be divided, then the woman should get sufficient compensation by calculating husband's share in it. The amount of the compensation can be worked out by the court hearing the divorce case.

The above amendments will just increase the trouble for both parties regarding property share and its valuation.

Before this government was thinking to give 50% share to the wife in husbands inherited property.

Still it is not clear husband will get share in a wife’s inherited property.

As per Current law if husband and wife files for divorce even, when consensual there is a compulsory waiting period of 6 to 18 months.
After this period husband and wife has to again approach to court to get divorce sanctioned.

In this case, if husband and wife do not move a joint application then the divorce is not sanctioned.

Because of this provision, it becomes easy for one party to black mail other party or harass her or him by not coming to court.

Now new amendment will allow Judge to exercise discretion in granting divorce after three years if one of the partners does not move a second 'joint application' for divorce with mutual consent.

Do you think 3 years’ period is less or more?

1 month is enough to grant a mutual divorce.

Divorced couple got always option to remarry again

as per new legislation  in cases where divorce has been sought on mutual consent of husband and wife the judiciary has been given the discretion to grant divorce to one party after a period of three years, even if the man and the wife are no longer on the same page.

India needs a new Indian Contract Marriage Act not amendments to old age marriage laws.

Indian government needs to legalize contract marriage.

Suggested Reading –

Divorced wife to get 50% share in property Marriage law amendment Introduced

Reality views by sm –

Thursday, July 18, 2013

Tags – India Marriage Law