The marriage law (amendment) bill, 2013
Vijay
(Querist) 29 August 2014
This query is : Resolved
Dear Members,
I would like to know if The Marriage Laws (Amendment) Bill, 2013 which was passed by the Rajya Sabha on 26/08/2013 the law of the land.
Can the said Insertion of new sections 13C under The Marriage Laws (Amendment) Bill, 2013 be used as a ground for dissolution of marriage and obtain a divorce decree.
Thanking You,
Vijay
jeshma mohandas
(Expert) 29 August 2014
If it comes into force as a law then it will be an easiest method for dissolving the marriage but some exception to the same as provided in the next sections
Vijay
(Querist) 29 August 2014
Sir,
Do you mean to say that the law has not come into force yet?
Can the said Section under 13 C be used presently to file a divorce petition seeking dissolution of marriage on ground of irretrievable breakdown of marriage?
Thanking You,
Vijay
Anirudh
(Expert) 29 August 2014
Dear Mr. Vijay,
From your profile I understand that you are a law student.
But I am surprised with your query that even when the law has not been enacted, you want to know whether you can file a petition under a provision which is yet to be enacted.
I HAVE A VERY SERIOUS DOUBT WHETHER YOU ARE A LAW STUDENT AT ALL.
Vijay
(Querist) 30 August 2014
Dear Mr. Anirudh,
It may be pertinent to note that the said bill i.e. The Marriage Laws (Amendment) Bill, 2013 has been passed by the Rajya Sabha on 26/08/2013 so my query.
I understand this forum is to clear & address doubts of information seekers rather than expressing doubt on the credibility or identity of an information seeker.
Thanks,
Vijay
Dr J C Vashista
(Expert) 30 August 2014
The amendment bill has expired after dissolution of Lok Sabha.
If required the same will be reconsidered and presented afresh.
Anirudh
(Expert) 30 August 2014
Dear Mr. Vijay,
It further exposes your understanding of law per se, as a student of law. That is the minimum expected of any law student.
Are you not aware, as a law student, that only when both the houses passes a bill that becomes an Act? If that be the case, how do you ask a query, in the first place?
That's why it casts a very serious doubt about your claim of being a law student. I maintain my serious doubt.
V R SHROFF
(Expert) 30 August 2014
Discus only after it become Law...
prabhakar singh
(Expert) 30 August 2014
Let it be clear to you that one is free to think what experts here should be BUT experts know and are free to go the way they want to go here.So they do not answer hypothetical things.
We are not teacher.you can easily know the procedure of making Acts and how and when they get enforced.In case you stuck in any doubt about that even then we would not oblige you BECAUSE we intend to meet query with facts.
So if you have a wife and a situation proposed in the law as ground of divorce,only then come with facts alone.
P. Venu
(Expert) 30 August 2014
May be the queriest, apparently a law student, is at fault and may be naive. But what about the Learned Senior Advocates who had rushed to the Apex Court against the Judicial Appointments Commission (NJAC) Bill?
prabhakar singh
(Expert) 30 August 2014
That way you too have NO query.
Raising a fresh problem is not the way to solve the existing problem.
We can not deny a writ lies over the issue you have raised and rest of the things can be discussed on appropriate forum which certainly it is not.
Excess of every thing is bad is a true saying.The Dictatorial type of democracy practiced during late Indira Gandhi regime
gave birth to judicial activism which got too much nursed due to collations and came before us as judicial excess over parliamentary supremacy.
ajay sethi
(Expert) 30 August 2014
anyhow marriage amendment bill has not been passed by lok sabha . only if it is passed by both house of parliament it would come into force
malipeddi jaggarao
(Expert) 30 August 2014
It is a repeated query in a different way. Though Rajya Sabha passed the Bill, it could not be placed before the Lok Sabha and ultimately Lok Sabha dissolved and hence the bill is deemed as dead. It has to be reacted again and until then you can not use the provisions of this bill unless they found place in the original Act.
T. Kalaiselvan, Advocate
(Expert) 03 September 2014
It is purely an academic query posted by the author to boast himself among his friends to know more than them. This place gives opinion to the people in need and distress and not an educational platform to impart legal knowledge to students.
