18 May 2012

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

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

The Law Ministry Bill seeks to further amend the Hindu Marriage Act, 1955, and the Special Marriage Act, 1954.

The government has brought changes in the Marriage Laws (Amendment) Bill, 2010, introduced in Rajya Sabha recently, to give the wife and children a clearly-defined share in the husband’s immovable residential property in case of divorce.

As per new amendment that both husband and wife seeking divorce will have to file petitions together for waiver of the six-months cooling period
Which will help the mutual consent divorce petitions.

Before this government decided to do away six month cooling period in case of mutual consent divorce but now again government has changed its views. Now in case of mutual consent divorce also both parties must wait six months that is cooling period.

Cooling period will be waived only if both parties jointly file application for this.

As per another amendment it has now been decided to give the wife and children a clearly-defined share in the husband's "immovable residential property" in case of a divorce.

Once the divorce is granted by court after that wife will have to move the application in the court to get share in her husband's property as part of the settlement.

50% share to wife after divorce.
Yes she should be paid, but new amendment is not good for husbands.

Amendment lacks the clarity.

Just in 3 months if husband and wife file for a divorce then also she will get 50% share in property.

Married females will get another tool to blackmail husband and his family.

If husband has saved his money from age 25 and he gets married at the age of 30 and wife gives him divorce she will become entitle to his savings of 5 years.

It’s not clear if husband is poor and will he get the 50% share in the property of wife, which she will get from her parents.

The amendment is one sided and full of confusion.

Now on if you are rich male when you get married , make a contract or get an affidavit from wife how much property she will demand if both get divorce and same applies to wife if she got money and she is rich she should ask her husband how much he will demand in case of divorce.

Amendment regarding money will only create problems for the married people.

Government needs to bring Indian Contract Marriage Act; government should stop amending Hindu Marriage Act.

Once the contract marriage is introduced it will solve many problems.

Government needs to bring amendment which will make it compulsory for husband and wife to declare before marriage how much money they want in case of divorce from opposite party.

But new amendment is for the benefit of females which will increase harassment of husbands.

Government needs to bring clarity regarding 50% share for wife.

Both husband and wife both should enjoy and get the right of 50% share.

India is a male dominating country so its good that females are given protection, but protection should not result in harassment and misuse

Thus wife should get  share in the property of husband but it should be very clear and how much etc.
In which conditions she will not get share?
Everything should be clear in amendments
But currently nothing is clear in the amendment.

But because of this new 50% share amendment rate of divorce will increase as well as amendment will give rise to fights between husband his family and wife.

Reality views by sm –

Friday, May 18, 2012

Tags – Wife 50% share property


Jim May 18, 2012  

I think this law is fair, 50 50 split.

Usha May 18, 2012  

sm, 50:50 rule can not be applied in all cases and more clarity and conditions need to be thought and explained.
I have recently heard cases of girls getting share in expensive flats in Bangalore by marrying a boy for few months.
Recently two girls from india married H1 status boys in USA and ran back to India just because they don't wanted to live as housewife. In such cases how these girls will be given property share for being their wives only for few months.

These laws are hurting many families.

Baur May 18, 2012  

Ah this is much more fair before it was women gets the house and dad gets kicked out

chitra May 18, 2012  

This is information SM,my cousin is getting divorced. just got married in Nov.2011.
But I feel sorry for the couple..

sm,  May 18, 2012  


that is the main problem with the amendment marriage for property share.

sm May 18, 2012  


thanks.sorry to know about it.

Destination Infinity May 18, 2012  

I think these kind of laws will discourage marriage in general and that is a good starting point for the betterment of the society.

Destination Infinity

Anonymous,  June 04, 2012  

So while the elected leaders are trying to mess up my married life, can i do a gift deed of my immovable residential property in favour of my mother(a woman, I am not anti female) so that my wife (no trust yet, new marriage you see) doesnt get any ideas in near future. Will this be totally legal? Please somebody answer! , to a lowlife male of India.

Anonymous,  June 04, 2012  

@Destination Infinity
Sorry, what about the ones who did a mistake of marriage, recently?

SM June 18, 2012  


You will transfer to mother,but after her death you will get it back and thus your wife will again come into picture.

Anonymous,  July 23, 2012  

So still the question remains..
In case an individual is suspecting a divorce or if he wants to safeguard his property before he gets into a wedlock to gift his property to his parents sounds like a good option. I believe every man should be educated before he gets into wedlock

real estate in india October 05, 2012  

Nice Law introduced by Government... Thanks for sharing the information