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Indian Citizen (XXX)     22 July 2015

Irretrievable breakdown of marriage

Dear All,

  I came across this concept of "Irretrievable Breakdown of Marriage " in the news a few months back & how the indian government is trying to pass the bill in Lok Sabha after it was cleared by the Rajya Sabha during the previous UPA government's tenure.

 From the look of it, it's pathetically against men. I just wanted to ask the learned legal experts here that by when do they think this might actually become a law. The latest update is that the law ministry has put it on hold but not rejected it entirely.

 
Could anyone throw some light on this please? I am headed for a divorce & I need to think how to proceed if I am going to lose 50% of my property to my wife.
 
Regards


Learning

 7 Replies

Prashant Ghai (Advocate) (PrashantGhai.com)     22 July 2015

Everybody has their own interpretation. But by in large, it gives more power to women to initiate divorce and then get a huge portion of the husband's assets with less difficulty. As a result, increase in the number of not-so-genuine cases. Present laws + midset of the judges is already lopsides in favor of women. So this amendment will tilt it further.

 

Also, unlike the western civilization, Indian culture and values really hold a marriage very sacred. So any law which empowers couples to seek divorce just because they feel like under the garb of irretrievable breakdown of marriage is a tough pill to swallow.

DR. DIMPLE JINDAL (ADV.) (Advocate)     22 July 2015

I think Marriage is sacred and a promise to live honestly together with your life partner under one roof. "Honestly" word is very wide in the above phrase. If the situation cames at too bad stage, that the two members living under the promise to live together, are not able to live together happily and the situation will be worst for both the partners to live in that conditions, then why the society will not accept "irretrievable breakdown of marriage".   

Moreover, the "Purpose of Life" is to live Happily. These are words of "H.H. Dalai Lama". One should find the happyness by changing the situations.

Please do not treat it as counter reply. These are my personal views in the general discussion forum. No body should take it as any type of attitude.

FREDYCHARLES RK - Bangalore (Advocate)     22 July 2015

I agree with TGK Reddi for most part. Marriage is a difficult and very difficult endeavor, more so in this present day scenario. The past instances quoted by Reddis is very informative and true. But, in my view, a blissful marriage must go on without interruptions, to be enjoyed and make others envious, but otherwise, better to get seperated just to keep oneself sane and proper. There is a caveat the above statement/opinion shall be  completley null and void if issues are born from/out of wedlock......my 2 cents though....

Indian Citizen (XXX)     22 July 2015

Dear All,

  Thank you for your opinions on this. I am really keen to know if anybody can throw some light on the timelines by when this will be enacted as a law in the lower house of the Indian parliament?

 I know it's a very vague question, but then am just asking learned legal folks here to give an approximate timeline, if possible.

Thank you all once again for your help....this forum is very very helpful.

Best Regards


(Guest)

It wont be enacted.  reason, politicians children and themselves are also married. they only will object to eactment of the law to save their millions of assets going to their DIL.  So dont worry. 50% share in property wont come in India :-))

sansh (not working)     22 July 2015

Agree with advocate Prashant ghai

(Guest)

Dear Mr Reddy,

 

Lets not talk about useless lawmakers, because we citizens are itself useless, we only select wrong people and make them lawmakers.  But law works both ways, if they make one useless law which makes men suffocate, there are many ways to come out of it and not get caught, salman khan, sanjay dutt, justice dhinakaran, other politiciams are live examples that law not only can be misused by women but also men.

 

As far as the topic of sharing 50% property to wife in case marriage does no work, pls be assured that it wont come at all, as the ones who make such law themselves are men and are married too.  I understand perfectly your words.


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