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Kamlesh (other)     27 March 2012

New divorce amendment

the cabinet also approved giving the divorced wife a share in husband’s property that he had acquired after marriage

Sir, Pl. explain the above sentance in amendment bill 2010. It says divorced wife can claim husbands property.

Does it means the property which he purchased after divorce or before divorce? pl. clarify.



Learning

 40 Replies

Manav Kalia (Arguing my own cases..)     27 March 2012

Also clarity is needed about property bought before marriage. And usually property is bought thru home loans, and the emi continues for ten years on average. What about society housing when payments are made over a span of time. Is it considered when apartment is booked or apartment is paid off? In guess that's why property share is to be decided by courts on case to case basis, due to so many permutations and combinations. In theory depending on the merits of the case the wife could get 0% - 100% of husband's property. Pls clarify.. Thanks..

SAINATH DEVALLA (LEGAL CONSULTANT)     27 March 2012

Dear Kamalesh,

She can claim only the property purchases during their period of married life,i.e.before divorce.

SRINIVASA PRASAD Warangal A.P (LEGAL PRACTIONER )     27 March 2012

For clear clarification we have to wait till the amendament bill is enacted.

Alas Marriage system may be ruined by greedy. 

Alok Tholiya (self employed)     27 March 2012

And what abt those greedy of dowery and keeping multiple wife/ prostitute/ Girl friends in life for last 5000 yrs. 

galsober@yahoo.co.in (def)     27 March 2012

Various laws of land are already there in plenty to deal with the crimes u mentioned here..........................But mere allegations wont work, one has to prove the crime to prosecute somebody.

bhagwan (owner)     27 March 2012

Sir, in my view one day indian man will scared from the name of marriage.

I want clearification that hsband has purchased property after marriage but suppose for purchase of property ( after marriage ) he had sold old property which he had having before marriage, whether the honourable court take this matter in the support of husband. pls advise.

Thanks

V R SHROFF (Sr. ADVOCATE Bombay High Court Mob: 9892432152)     27 March 2012

It seems, meaning is, any property purchased by husband after the marriage. 

It may or may not end on day of divorce, and continue till he expire.  

Because Divorced wife is also a WIFE, as defined in Law. So she continue to be his wife, for all maintenance, attchment of property, even after Divorce. 

 

Hope Govt, also give Share to husband, following Equality at law. 

SAINATH DEVALLA (LEGAL CONSULTANT)     27 March 2012

I do not know why everyone is so scared about the new amendment and the latest Delhi High Court Judgement on conjugal life of the husband and wife.Let us think of positives only ,and I request the husbands not to get scared and ruin their life.Let us hope for the best.

Kamlesh (other)     27 March 2012

Sir, I am Hindu (Rajasthani) One who suffers can feel the pain, There are clear cases of legal terorism where women is harressing husband and family without any proof though she is self dependent and earing 5 times salary than husband, though court had ordered the interim order and i am paying it no matters how, Court and my wife is not bothered and concerns how i am paying her while i am not capable enough to pay her. I submitted all her income evidence that is her employment statement her salary proof and her bank state of 1 year where her salry is credited, it was clearly mentioned that salary credited Rs. 33 k, every month in her account while my mother is completely dependent on me and it's too difficult for me to bear the expenses of her medical expenses and the maintence to be paid to my wife in every hearing. My wife stayes with me for 5 months rarely and in next month we completes 5 years of our un-successful marriage. She is so greedy about money. Our house belongs to my mother and she is 65 year plus, I don't have any property on my name nor any FD or savings. Pl. suggest how to deal with this situation. My current advocates is also not responding properly and i belive he is in her favour that's why my advocate is not representing my case properly. I have all the proofs you may ask which says she is capable enogh to earn and currently employed with a huge salary. also she is in adultery.  I have her call details report and phone recording where she acccepted she is in love with a person.  Pl. suggest me what to do.

bhima balla (none)     27 March 2012

It is often argued that wife shall remain a wife even after divorce. I agree that is what courts have interpreted. But the question is-if that is the case and the man remarries after divorce, then is it not bigamy? Divorce must be final break. Partners should have no responsibility to each other-in the name of some nebulous 'sacredness' of the marriage, especially. when everything is done to the contrary. If one has to move with 'modern' times marriage and divorce must be treated as contracts. One man one wife for life is outdated concept. We violated those norms with the concept of divorce which was alien to hindus. Other religions had divorces but this is a borrowed concept for hindus. Sanctity of marriage is degraded and the new reality must be accepted as opposed to fake old concepts. We can't have it both ways and make one party responsible for another while the other has no responsibility!

The idea that courts can 'save' marriages is contrary to what is currently happening. In the hope of saving marriages the couple are subjected to horrendous harassment. The process benefits everyone, except the couples!

Divorce must be made easy. Mediation must not be a consideration, unless both apply for it. The IRBM amendement brings its own share of problems for husbands. The fact that wife can oppose but husband cannot indicates where the law is headed. There is no reason to 'hope' government would change this anytime sooner. The feminist lobby ,which is very strong, will not let that happen!

These laws are raising the ire because good people are being harassed and criminalised.

sasankajyoti sharma (advocate)     27 March 2012

For trying to safeguard and protect the economic life of a divorced woman the government is formulating new ideas and concepts by way of amending maintenance laws of Marriage Acts. A Hindu marriage is a social sacrament according to Hindu Marriage Act, 1955, but presently the amendments have turned this marriage into a contract between husband and wife. Moreover, the solemnization of marriage nowadays are more property oriented than person oriented. The feeling of love and faith is gradually lost. 

A divorced woman having no source of income can no way become a burden of her parents or her parent's family and she is justified to claim maintenance from her divorced husband who has good source of income, inherited or acquired property. This acquired property is the property purchased by the husband from his own source of income before or after his marriage with the woman whom he has divorced. But, a divorced woman having good source of income or a better source of income compared to her husband should not be entitled to get maintenance after her divorce.

 

SRINIVASA PRASAD Warangal A.P (LEGAL PRACTIONER )     27 March 2012

Mr. Bheema,

Y do so scared abt d bii, ofcoure I agree with u but stil I vod like toshare my opinion throu this message, of cource woman joins the society of man by purchasing him in shape of dowry and she mingles in the family with so courage leaving everthing of her dreams and expectation and tried to unit. When her minimum expectation proved futile, can't she go against his own man, when he is greedy. She brings dowry and household articles to man's home and cook food and feast in the vesseles brought by her,  make comfortable with her furniture brought, and gives enjoyment in her bed brought, sacrifies everything to the satisfaction of her man and make comfortable to indischaring duties of her  man. When  ego  of  d man& his relative  relatives go against her, can't woman go against them who shattered her expecteasions, afterall she is a human being. Hiring a maid for man's comforts charges and giving such pleasure is too cost can't even compare to his  income. Can a man satisfy a women to her desire? Can't.  She only sacrefice her desire and comforts to save  of her dignity & family. Giving a share to women in man's property  when family life is ruined is nothing, can't compensate in reality. B faithful to eachother and avoid unnecessary compications, afteral she is a woman. I am not saying about Oman.  Sold and hired things can't claim,got it.

Krish Narayan (Advocate)     27 March 2012

It is absurd amendment.

Some people are preparing to challenge it....

It destroyed the family system in India.....

SAINATH DEVALLA (LEGAL CONSULTANT)     28 March 2012

To all Experts,

I do not why were panicamendementing for this amendement.The only important aspect of this amendment is that the negative element involved.It gives scope for unnecessary supremacy and ego problems between husband and wife.As it is our marriage system has become too westernised,and deteriorating in values and the only thing I am afraid is,what is in store for future.But my sincere request  to the youth is to safegaurd the values passed on to us by our elders.Even today India is considered to rich in moral values and cultural heritage.Let us pass on to our successors.Tomorrow if you ask your grandchildren ,about Lord Rama or Krishna,they should not say that,Grandpa,in which movie they have acted.The same way indian marriages have very high values as they are performed according to vedic rituals.So let us not break these values for unnecessary simple misunderstandings and ego's.


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