Implications of new marriage law amendments on present case

Knowledge Gainer (Querist) 24 March 2012 This query is : Resolved
Yesterday i.e. on 23.03.2012 Cabinet approved The Redrafted Marriage Laws (Amendment) Bill, 2010. Suppose this bill get into converted into the Act, then I would like to know the implications of it on present ongoing pending cases.

I had asked many queries about my divorce case filed by the wife. After new amended act Can she take IRBM as a new ground for divorce in addition to present petition for divorce on the ground of Cruelty. If yes than what about old case as the Court will grant divorce on the basis of IRBM and as per new amended Act I cannot oppose the same.

She will get money either by way of cruelty or IRBM. The difference is that in case of cruelty I can appeal further but in case of IRBM I cannot appeal.

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ajay sethi (Expert) 24 March 2012
this is only a bill . it has to be passed by both the houses of parliament . received president consent .

wait for amendments to be ratified by Parliament .

Deepak Nair (Expert) 24 March 2012
It will have effect only when the act is passed.
Generally when an act is amended, the punitive effect of the act will not be applicable in any case which were pending at the time of the amendment.

Guest (Expert) 24 March 2012
There are many a slips between the cup and lips. So, wait for the bill to be passed in to an Act after approval by both the house of Parliament. That can take even years together after objections, discussions, etc.

Shonee Kapoor (Expert) 25 March 2012
It is still long drawn process.

Regards,

Shonee Kapoor
harassed.by.498a@gmail.com

Sudhir Kumar, Advocate (Expert) 21 February 2013
do not count eggs before they are hatched

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