RS passes marriage laws bill
The Rajya Sabha on Monday passed the Marriage Laws (Amendment) Bill, providing for the wife a share in the husband’s immovable property after “irretrievable breakdown” of marriage.
The bill had sought to empower the courts to decide the compensation amount from the husband’s inherited and inheritable property for the wife and children once the marriage legally ends. It also allows both parties to file for divorce on the ground of “irretrievable breakdown” of marriage. Both parties have to live apart for at least three years before filing for such a petition.
There are provisions to restrict grant of a decree of divorce on ground of “irretrievable breakdown” of marriage if the court is satisfied that adequate provision for maintenance of children has not been made consistently with financial capacity of the parties to the marriage.
The wife also has the right to oppose the grant of a divorce on the ground that the dissolution could result in grave financial hardship.
Replying to a debate on the bill, law minister Kapil Sibal said it is a “a historic peace of legislation” in a patriarchal society like India. The minister said the divorce is “gender neutral” as either the wife or the husband can seek divorce. However, the right over property will not be gender neutral as wife can lay claim on husband’s immovable property.
The bill also provides that a court can take an ex parte decision on granting divorce if one of the two parties refuse to move a joint application.
Earlier, many MPs across party lines suggested the bill be made gender neutral and should not be confined to Hindu marriages only.
The Bill seeks to amend Hindu Marriage Act, 1955 and the Special Marriage Act, 1954.
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