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vijay (CEO)     08 February 2012

Right to marital property act

friends,

i read a news regarding a panel has been  framed who suggested wife should be considered equal joint holder in husband's movable-immovable assests..

https://articles.timesofindia.indiatimes.com/2012-02-06/india/31030086_1_laws-maintenance-amount-panel

.....any idea how many months will it take to be presented in parliament.....???? 

will this be in 2012 financial year budget???????



Learning

 4 Replies


(Guest)

very soon.

vijay (CEO)     08 February 2012

very soon means??????

then there must be 1 clause, that characterless/guilt women should be deprieved joint property rights


(Guest)

 

any idea how many months will it take to be presented in parliament.....???? 

will this be in 2012 financial year budget???????

 

Switch to IDEA.. this query is posted 2 days back look here;https://www.lawyersclubindia.com/forum/Right-to-marital-property-act-51331.asp

Ok right now , they expect the Planning Commission to forward the same to the government so that it becomes a law.In this news it is said that ,"It suggested that government should be made responsible for recovery of the maintenance amount, along with creation of a fund to pay the maintenance awarded by the court, particularly to poor litigants."

In reality it is difficult.I dont think that parliament pass this suggestion but it is a nice suggestion to help poor litigants.And again the question arises Did govt do this effectively ?

Another in this news said that,,"The panel, which wants a complete re-look at family laws, argued that all assets acquired by a couple should be viewed as joint property, regardless of who bought it. It said the law needed to recognize a woman as an equal partner with the husband and her contribution to the household should be appreciated."

A high-level government panel has suggested that all movable and immovable assets acquired by a married couple or a couple living together be classified as joint property which would be divided equitably in the event of separation or desertion

 great idea but  if in future divorce happened how to divide (recognize) these property?Any mechanism ?:(

Thats why 80 % women don’t ask for divorce as they have nowhere to go.In india majority of women are dependent on husbands  it can be a BOON but has a very good chance of MISUSE by a devious woman. 

The onus of proving husband’s income, as per the proposal, lies on the husband rather than on the wife as it happens in the current scheme of things.

 

In this proposal 2 objectives given;

 

First ; Gives equal right to women in marital property. This includes movable and immovable property acquired by both the spouses during the subsistence of marriage.The proposal recognises that a woman has an equal share in these assets whether she is contributing to the family, financially or not. Section 6 of Hindu Succession (Amendment) Act, 2005 said this ,here SC said , https://www.lawyersclubindia.com/news/Hindu-woman-entitled-to-equal-property-rights-SC-13382.asp

 

Here the panel suggest Uniform Civil Code ,which will be applicable fairly and equally to everyone irrespective of religion, race, gender or caste.   In Europe, there is communion of property law in which the wife becomes a co-owner right from the beginning of the marriage.Other countries have laws which say that though the woman is a co-owner, separation becomes a trigger. During separation, the value of assets is ascertained and it is equally divided between the two.

 

Second; Strengthen the Maintenance Act. On divorce or separation, woman needs maintenance depending on what she is earning, the earning of the husband, children and the kind of life they have been living. At present, if a separated woman suffers from lack of capacity to earn. She is never at the same position as her husband is. She needs financial support for herself and the children.



tanmay (project manager)     29 February 2012

oh...what is the current status of this 'right to marital property act'....has it been passed???


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