Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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VJVJVJVJVJ (Professional)     02 December 2013

Marriage laws amendment bill passed by rajya sabha

Dear members,

I am a victim of 498A, 125. My divorce case is pending before family court. I understand that in the month of Aug 2013 Rajya Sabha passed Marriage Laws amendment bill which contains provisions relating to irretrievable breakdown, share to wife in the case of divorce case filed u/s 13C of the HMA, where in property (own and inhererited) of the husband shall be considered for grant of maintenance to wife.

My query is, if this becomes law, would this be applicable retrospectively to the divorce cases already pending before the various courts at all Indian courts? Would this be applicable to divorce cases filed earlier by husbands in Sec 13(1)(a) on the grounds of cruelty? 

Your guidance would be highly appreciated. I have been scared by some counsels that after this bill becomes law, the properties owned by husbands will be attached.

Regards



Learning

 3 Replies

ashoksrivastava (scientist)     02 December 2013

 

Originally posted by : VJVJVJVJVJ


Dear members,

I am a victim of 498A, 125. My divorce case is pending before family court. I understand that in the month of Aug 2013 Rajya Sabha passed Marriage Laws amendment bill which contains provisions relating to irretrievable breakdown, share to wife in the case of divorce case filed u/s 13C of the HMA, where in property (own and inhererited) of the husband shall be considered for grant of maintenance to wife.

My query is, if this becomes law, would this be applicable retrospectively to the divorce cases already pending before the various courts at all Indian courts? Would this be applicable to divorce cases filed earlier by husbands in Sec 13(1)(a) on the grounds of cruelty? 

Your guidance would be highly appreciated. I have been scared by some counsels that after this bill becomes law, the properties owned by husbands will be attached.

Regards

RELAX ! the bill in all probability will be made to lapse before formation of next parliament.(2014) Then it will  lie in cold storage till next elections (2019)

regards ASHOK

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     02 December 2013

it may be depend after passed that bill and became law. no need to worry till then. future is uncertain


(Guest)

Hello.

For a bill to become an Act, it has to go through a long process and pass various stages.

First Reading: The legislative process starts with the introduction of a Bill in either House of Parliament—Lok Sabha or Rajya Sabha. A Bill can be introduced either by a Minister or by a private member. In the former case it is known as a Government Bill and in the latter case it is known as a Private Member’s Bill.

Publication in Gazette: After a Bill has been introduced, it is published in the Official Gazette. Even before introduction, a Bill might, with the permission of the Speaker, be published in the Gazette. In such cases, leave to introduce the Bill in the House is not asked for and the Bill is straightaway introduced.

Reference of Bill to Standing Committee: After a Bill has been introduced, Presiding Officer of the concerned House can refer the Bill to the concerned Standing Committee for examination and make report thereon. If a Bill is referred to Standing Committee, the Committee shall consider the general principles and clauses of the Bill referred to them and make report thereon. The Committee can also take expert opinion or the public opinion who are interested in the measure. After the Bill has thus been considered, the Committee submits its report to the House. The report of the Committee, being of persuasive value shall be treated as considered advice given by the Committees. Second Reading:

The Second Reading consists of consideration of the Bill which is in two stages.

First Stage: The first stage consists of general discussion on the Bill as a whole when the principle underlying the Bill is discussed. At this stage it is open to the House to refer the Bill to a Select Committee of the House or a Joint Committee of the two Houses or to circulate it for the purpose of eliciting opinion thereon or to straightaway take it into consideration. If a Bill is referred to a Select/Joint Committee, the Committee considers the Bill clause-by-clause just as the House does. Amendments can be moved to the various clauses by members of the Committee. The Committee can also take evidence of associations, public bodies or experts who are interested in the measure. After the Bill has thus been considered, the Committee submits its report to the House which considers the Bill again as reported by the Committee. If a Bill is circulated for the purpose of eliciting public opinion thereon, such opinions are obtained through the Governments of the States and Union Territories. Opinions so received are laid on the Table of the House and the next motion in regard to the Bill must be for its reference to a Select/Joint Committee. It is not ordinarily permissible at this stage to move the motion for consideration of the Bill.

Second Stage: The second stage of the Second Reading consists of clause-by-clause consideration of the Bill as introduced or as reported by Select/Joint Committee. Discussion takes place on each clause of the Bill and amendments to clauses can be moved at this stage. Amendments to a clause have been moved but not withdrawn are put to the vote of the House before the relevant clause is disposed of by the House. The amendments become part of the Bill if they are accepted by a majority of members present and voting. After the clauses, the Schedules if any, clause 1, the Enacting Formula and the Long Title of the Bill have been adopted by the House, the Second Reading is deemed to be over. Third Reading: Thereafter, the member-in-charge can move that the Bill be passed. This stage is known as the Third Reading of the Bill. At this stage the debate is confined to arguments either in support or rejection of the Bill without referring to the details thereof further than that are absolutely necessary. Only formal, verbal or consequential amendments are allowed to be moved at this stage. In passing an ordinary Bill, a simple majority of members present and voting is necessary. Bill in the other House After the Bill is passed by one House, it is sent to the other House for concurrence with a message to that effect, and there also it goes through the stages described above except the introduction stage.

 

Thus the bill undertakes such a long journey to become an Act. Also, as of now, there is no need to worry, the amendment is not notify so this amendments will not be applicable, after notification and consent of President may be the amendments published in notification and make a law. at present there is no law regarding this. Hence, I would say that there is no point in speculating and losing your mind over the Bill. It would be quite some time before the Bill ripens into an Act.

 

-Regards

Advocate Pooja

www.lawkonect.com


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