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Adv k . mahesh (advocate)     18 July 2013

Amendment to marriage law makes divorce easier

Advantage women: Amendment to marriage law makes divorce easier.

To make marriage laws more women-friendly, the government today approved a host of recommendations made by the Group of Ministers (GoM) on divorce and inheritance in the Marriage Laws Amendment Bill.

The amendment now makes filing for divorces easier by doing away with the provision that required a couple to file a 'joint application' after the mandatory waiting period.

In the existing provision, if a couple files for divorce, even when consensual, there is a mandatory waiting period of six to 18 months. After that, the couple needs to come back to court to sanctify the divorce. 
If the couple does not move a joint application, then the divorce is not sanctified.
Now, a judge can exercise discretion in granting divorce if one of the partners does not move a second joint application for divorce with mutual consent within three years.

The other big change in the law is on inheritance. The amendment provides for sufficient compensation to a woman from her husband's ancestral property in case of divorce.

Also, in cases where the ancestral property could not be divided, the woman is now entitled to get sufficient compensation by calculating her husband's share in it. :P

The compensation can be worked out by the court hearing the divorce case if there is confusion over the amount, the amendment says.



Learning

 7 Replies

MANKU (EXECUTIVE)     18 July 2013

Is not this highly illegal to rope in Ancestral property to this ? Self acquired property acquired by the husband after marriage may be considered. Honourable Supreme Court should interfere in this.This injustice must be stopped. We have faith in The Supreme Court. Robbing of innocent husbands and their families cannot be accepted.

Regards

Law Querier (Service)     18 July 2013

@k.mahesh,

Now, a judge can exercise discretion in granting divorce if one of the partners does not move a second joint application for divorce with mutual consent within three years.

-Sir, I am confused about the word, 'within three years'. Is this three years after marriage or three years after entering petition of MCD?

Kamal Grover (Advocate High Court Chandigarh M:09814110005 email:adv.kamal.grover@gmail.com)     18 July 2013

Mahesh ji, will you plz provide the source of this information, so that we can use it in court.

Regards

Adv k . mahesh (advocate)     18 July 2013

i read in two newspapers times of india about the article and also on the internet legal india 

the 2nd joint application is for MCD means a second motion application before 3 years 

not as of now (not as of now)     18 July 2013

How this is gonna effect for short period ened marriages ?, let say my marriend ended in super six months, so my s*xy darling got super power tool to extract my own perperty ?

R K........ (Analyst)     18 July 2013

I think this rule will go to Parliament for approval and there are very less chances that this will be approved by parliament

One of my frnd has recently filed for Mutual consent divorce just 2-3 months back. They have agreed on a particular alimony and all the details related to alimony has been signed by both girl and boy. Can there be any problem now in such kind of cases ?

 


(Guest)

I am in favour of this decision as when a girl is married. her in-laws expect her to take care and make food for everyone in husband's family including husband's grand-parents. then y on divorce, she gets share in only husband's self-acquired property. this bill is very much in favour of woman that she would get share in husband's ancestral property but I just want to enquire that after divorce, what is the time period in vich she can apply for this property right?


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