In a bid to make marriage laws more in favour of women, the government on Wednesday approved a number of recommendations made by a Group of Ministers (GoM), which include giving sufficient compensation to a wife from her husband’s ancestral property in case of divorce.
Informing this sources in the government said, the Union Cabinet at its meeting, which was chaired by Prime Minister Manmohan Singh, gave its nod to the recommendations of the GoM on Marriage Laws (Amendment) Bill.
One of the key issues the GoM was asked to decide was whether a court could work out “sufficient compensation” for a woman from her husband’s ancestral property in case of divorce, which takes place on the grounds of “irretrievable breakdown of marriage”.
The Group of Ministers, set up recently to decide on the Marriage Laws (Amendment) Bill, was also asked to take a view on whether a judge can exercise discretion in granting divorce if one of the partners does not move a second “joint application” for divorce with mutual consent.
While the bill has a provision for share in a husband’s self-acquired property, the GoM headed by defence minister A.K. Antony recommended a new clause — 13 f. It says 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.
Since there was a divergent view on the issue within the government, the Prime Minister constituted the Group of Ministers under chairmanship of Mr Antony. Sources said, that a section in the government believed that the very purpose of seeking divorce on mutual consent would be defeated if the courts are allowed to have discretion in deciding the compensation.
They said if one of the parties refuse to move a joint application, then the other should be allowed to file for a divorce on other grounds then mutual consent.
The proposed amendments in the bill had divided the Union Cabinet last month over women’s right over husband’s property in case of divorce.
After its introduction in the Rajya Sabha, the bill has come four times before the Cabinet, including the present round, with various changes.
The amendment bill, which seeks to alter the Hindu Marriage Act, 1955, and the Special Marriage Act, 1954, introduces the option of divorce on grounds of “irretrievable breakdown of marriage”.