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SAINATH DEVALLA (LEGAL CONSULTANT)     24 March 2012

Ammendement to hindu marriage act 1955

Dear members I feel this amendement with further detoriate the existing marriage sanctity.I would solicit your opinions on it.


 

 

New Delhi, 24 March 2012: The Union Cabinet on Friday approved various proposals seeking amendments in the Hindu Marriage Act of 1955 and Special Marriage Act of 1954 aimed at providing ‘irretrievable breakdown of marriage’ as a new ground for parting ways. 

 

The redrafted Marriage Laws (Amendment) Bill, 2010 gives courts the right to reduce or waive off the mandatory cooling period and grant divorce immediately. 

 

The bill, based on key recommendations of a Parliamentary Standing Committee, also allows a woman a share in her husband’s property. The quantum of share will be decided by the court on case-by-case basis. 

 

The Marriage Laws (Amendment) Bill, 2010, was introduced in the Rajya Sabha two years ago and then referred to the Parliamentary Standing Committee on Law and Justice and Personnel.

Supporting the bill which sought to make "irretrievable breakdown of marriage" a new ground for grant of divorce, the Standing Committee had in March last year opposed doing away with the prevailing waiting period of six months to 18 months before moving a joint motion for annulling marriage. 

 

The changes made in the 2010 bill are based on the recommendations made by the Parliamentary Panel then headed by Jayanthi Natarajan. 

 

According to the Cabinet note, while a wife can oppose a husband’s plea for a divorce under the new "irretrievable breakdown of marriage" clause, the husband will have no such rights to oppose if the wife moves the court on the same grounds. 

 

The government has also made share in husband’s property acquired by marriage a right for women who so far used to get maintenance from courts.

 

A Minister who attended the meeting said the bill lacks any clear cut rule on the share of property a wife will get. 

 

Apart from giving women the right to their husband’s property, bill also aims at giving rights to adopted children on par with biological off-springs in case a couple goes for divorce. 

 

The Cabinet meeting chaired by Prime Minister Manmohan Singh cleared the draft bill.

 

 


 


Learning

 51 Replies

Sanket Sharma (AM)     24 March 2012

Dear Bhaskar, It is not a cakewalk to wife also, she has to prove "irritrivable breakage of marriage" to court,  They should life seperately for 3 years. again the objection is for financial hardship

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     24 March 2012

I welcome this bill in its present form.

 

Let there be tyranny before the revolution can be unleashed.

 


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

SRINIVASA PRASAD Warangal A.P (LEGAL PRACTIONER )     25 March 2012

Welcome it.

SAINATH DEVALLA (LEGAL CONSULTANT)     25 March 2012

Mr.Bhaskar,

Try to control your words when you are replying in this forum.

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     25 March 2012

Yes, I agree with Devalla, Mr. Bhaskar this is a public forum and you can be prosecuted so it is humble request control your words.

I also agree with this bill, this bill should be passed asap

Prakash Nair (Advocate)     25 March 2012

I'd like to know the expert opinion on this case; Wherein the girl was married in 2005 hiding the facts about her insanity & unruly behaviour. The husband & his Family noticed this in the beginning itself but tolerated for 6 years (!!) in the exercise, there are two kids as well. The wife was trying to manhandle all including her parents, husband & his relatives as well as neigbours as well. She was using abusive words only ! Chronically ill & violent. She was being treated well before this marriage as well-there are documents for this to support (her mother also was under treatment-psychiatric) Wife was unable to perform any duty of a woman, but conceived and gave birth to child. Her parents were accompanying her after the marriage ALWAYS ! Now at this late stage, the husband has left her at her home and filed advocate notice. There were cases against her (!) in front of the Women's Commission as well when she was attacking all. Her advocate replied that the husband is drunkard & misbehaving, interestingly wanted the husbaand to take her back as well !!!! Now the husband has gone to the family court filing an OP. The children are with the husband as the situation at wife's hous is horrible,wife has tried to kill the children as well. SO for the safety of children the husband is keeping them in his safe custody for education ect. His parents are helping him for no benefits. Husband do this so that at least in the childhood the children  get maximum care & protection. The wife is well educated, but unable to perform any duty of a mother-wife-not even a lady !

Now the wife's people are trying to prsuade the husband. She & her mother-due to their illness humiliates / attacks husband & his relatives ?!?!

Any expert can share thoughts on this as to what are the possible course of actions in this case. The husband wants the children to be taken care & avoid violence/unrest at home. He's ready to bring the children up away from any violence from the wife & her mother.

Expertise opinion is solicited.

SAINATH DEVALLA (LEGAL CONSULTANT)     25 March 2012

Mr.Prakash,

After going through your query,to put it in one sentence,the wife is psychic and perverted lady.My statement is only if the contents of the query are true.Her parents must have hidden her ailment  at the time of marriage.If proved that she has  some mental defect or imbalance,the husband can plead for a divorce on that ground and also for the safe custody of children.It has also been proved in front of some associations about her behaviour.But still I think  if she gets good treatment for her imbalance and comes back to normalcy,everything would settle down to normalcy.She was ignored in the initial stages.

Prakash Nair (Advocate)     25 March 2012

Thanks, It's evident from the behaviour of her family and also from the medical prescripttions (including NIMHANS Bengaluru-the husband was not involved in the admissions at Hospitals) that she is suffering from chronic illness, not even bathing at some points of time ! The illness is identified as Emotionall Unstable Personality Disorder by their own Doctor which was started from the childhood according to the experts. Her family-no one entertains her since the beginning-the time the husband know her. Doctors state that she cannot be cured but the symptoms can be suppressed with medicines-all through the life!

The concern here is the care of children, if it's given to her their life will be spoilt.

aditya (Owner)     25 March 2012

I think we all should welcome this bill and pray that it should become law asap...

I guess percentage  of 498A and DV will be drecrease drastically after this as there will be more easy,legal and fare way out for a wife (unculprous or Genuine) as well as to husbund.

SAINATH DEVALLA (LEGAL CONSULTANT)     25 March 2012

Mr.Prakash,

As I said earlier and as per your further reply,it is evident that her ailment is not curable.The husband,on humanitarian grounds,can opt for a divorce,give her monthly maintenance and look after the future of the children.Put these things before the court  and act accordingly.

SAINATH DEVALLA (LEGAL CONSULTANT)     25 March 2012

Mr.Aditya,

Let us not presume the outcome immediately.I don't think 498 A or DV Act cases will come down so drastically.The act has only paved the way for early disposal of the cases.

Bhaskar for SOCIAL JUSTICE (Legal & Social Activist)     25 March 2012

Right i should have not reacted like that in pblicforum.

 

But it is painful that already all laws are in favour of women they have added this new law.No what is the purpose of marriage for greedy women or her parents.

NOW ALL WILL SEE ACTUAL COLOURS OF LUTARI DULHANS AND THEIR FAMILIES.ALREADY 95% CASES ARE FALSE FOR DO MESTIC VIOLANCE AND 498a.

ALL SANE MEN MUST OPPOSE THIS

TX

SAINATH DEVALLA (LEGAL CONSULTANT)     25 March 2012

As a social reformer,your ideals are put to burried,after your expression.You could have been expelled from participating in further queries.

threeleafe (awaited)     25 March 2012

Thinking about the repurcussions of the  proposed amendments - I fear that  these one sided clauses  will produce militants -  Bhaskar comments is comming from heart and represents the resentment many have against this bill.

 

HUSBAND KEY  PROPERTY MEIN ADHA... WIFE KI PRPOERTY UNTOUCHABLE .. Wife can take one ground for opposing husbands can not.

 

Where is impartial lady of the law   .. the lady whoes eyes are tied and for whom all mankind are equal?


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