New bill gives woman share in ex-husband’s inherited property
NEW DELHI: A wife will have a share in her husband's inherited or inheritable marital property on divorce, though the exact quantum of the compensation has been left to the discretion of the judge, according to a legislation that was cleared by the Union Cabinet on Wednesday.
The Cabinet also cleared the proposal that in cases where divorce has been sought on mutual consent of both parties the judiciary has been given the discretion to grant divorce to one party after a period of three years, even if the man and the wife are no longer on the same page. These were part of the recommendations of the GoM on Marriage Laws Amendment Bill which will now be amended suitably before being brought to Parliament during the monsoon session, beginning August 5.
By not quantifying the amount of compensation the government has moderated its earlier proposal to give a wife "equal" share in marital property. The ministers felt that a judge could decide on the quantum of compensation after taking into account an entire set of considerations such as the disposable income of both husband and wife, conditions like who will bear the primary responsibility of raising the children and claimants on the "inheritable property."
The Cabinet also cleared the proposal that in cases where divorce has been sought on mutual consent of both parties the judiciary has been given the discretion to grant divorce to one party after a period of three years, even if the man and the wife are no longer on the same page. These were part of the recommendations of the GoM on Marriage Laws Amendment Bill which will now be amended suitably before being brought to Parliament during the monsoon session, beginning August 5.
By not quantifying the amount of compensation the government has moderated its earlier proposal to give a wife "equal" share in marital property. The ministers felt that a judge could decide on the quantum of compensation after taking into account an entire set of considerations such as the disposable income of both husband and wife, conditions like who will bear the primary responsibility of raising the children and claimants on the "inheritable property."
https://www.lawweb.in/2013/07/new-bill-gives-woman-share-in-ex.html
