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Women to get equal share in husband's property in case of divorce - is it real ?

(Querist) 17 September 2012 This query is : Resolved 
We are reading and seeing many articles on 50% property share to women in case of divorce.

I went to the PRS website and checked the Standing committe report itself and found the following:

The PRS website (http://www.prsindia.org/billtrack/the-marriage-laws-amendment-bill-2010-1227/) says Marriage law amendment bill is pending in Rajya Sabha so it looks like it is not passed yet.

Secondly, if we read the 'Standing committe report' and 'standing committe PRS summary' link, it is clearly proposed and agreed about division of property only in situations where wife has contributed to the property along with husband. Look at chapter 2 - para 13 , 24 and para 7 under chapter 4. ( Attached is the Standing committe report for your reference)

Would like to get experts views on how much of this is truth and will it get really severe for Husbands who own property on their own and own property before marriage?
Devajyoti Barman (Expert) 17 September 2012
Hypothetical query....
Guest (Expert) 17 September 2012
Why worried, if the bill is still pending approval in the Rajya Sabha? You can see the real outcome only after the bill becomes an Act after passing by both the houses and getting assent of the President of India.
Dr V. Nageswara Rao (Expert) 18 September 2012
Sometime back, there was a TV chat with Nancy Reagon, Betty Ford, Barabara Bush and Rosalyn Carter in USA. They were all asked how they were engaged in after their husbands' White House terms.while the others mentioned things like social activist etc, Mrs Carter said: 'I work". She was asked "where do you work, m'am?" She said:"I work at home--I am the baby-sitter, cook, washerwoman, finance manager, host etc etc., apart from taking care of my husband." So, we cannot say that only "working woman" works. In many countries a woman is given a 50% share in husband's property on divorce even if she is a housewife as she also contrubutes to his prosperity. In India there is opposition to the move and we have to wait and see whether the Bill be ultimately passed.
Guest (Expert) 18 September 2012
If you are fair towards your wife and her relatives, she would never seek divorce from you. In that case you would not need to worry about losing half of your property, even if the bill is enacted as is proposed. Divorces are sought in most cases where wives do not get fair treatment in the hands of husbands and their relatives.
Gaurav (Querist) 18 September 2012
As per Standing committe report, the equal division of property is done for property where wife has contributed. But media/news is drawing a different picture by saying before and after marriage acquired property by husband.

Standing Committe report says:

"courts at that at the time of divorce decide upon the women their share in the matrimonial property, to which they have contributed during the marriage"

The purpose here is to validate from experts what is right instead of blindly believing what is written by media.
Dr V. Nageswara Rao (Expert) 18 September 2012
From my experince ofdealing with divorce cases in Indian abroad of Indians, I agree with Mr Dingra that in most cases it is the husband and his family who ill-treat the wife.Of course there are exceptions where women plan to seperate the husband from his parents right from the day of marriage.Often, itis the endless greed of the husband's family for more and more dowry, property and money. It is shameful.


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