Implicatuion of latest development-cabinet clears changes in hindu marriage act?
Guest
(Querist) 23 March 2012
This query is : Resolved
Cabinet clears changes in Hindu Marriage Act.What are its implications?Would it affect cases where mcd is filed but motions are pending?
Shonee Kapoor
(Expert) 23 March 2012
It is still to be passed. Many amendments can be done in this amendment.
Also, let the law crystallize.
Irretrievable breakdown would make long divorce battles disappear from court.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
V R SHROFF
(Expert) 24 March 2012
may reduce time limit to wait for MCD
May relax 498
Guest
(Querist) 24 March 2012
what about marital property clause?what is it ?
V R SHROFF
(Expert) 24 March 2012
In all foreign countries, there was law for matrimonial homes act, by which, both husband and wife are entitled to residence.
In India there was no law for residence, until in 2005, DV ACT was passed, THAT ENSURED ONLY WIFE TO CLAIM SHARED HOUSEHOLD, AND RESIDENCE IN MATRIMONIAL HOME, DERSPITE NO RIGHT IN PROPERTY.
In Foreign , Husband too is entitled to residence in wife’s property, and it lacks in India even today.
Marital Property, it is assumed, concern Matrimonial joint property, used jointly after marriage by it’s family. So no one goes on road after Divorce. [ Of course, it is assumed] Wait till both house pass the Law
Guest
(Expert) 26 March 2012
You will have to wait for the passage of the bill in to Act after approval by both the houses and assent by the President of India.
Shonee Kapoor
(Expert) 28 March 2012
The existing grounds would still remain the the HMA. Only new grounds would be added.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
