Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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Raj Kumar Makkad (Adv P & H High Court Chandigarh)     30 April 2013

Property rights to wife are under pipelines

NEW DELHI: The Union Cabinet is likely to discuss an amendment to the marriage lawswhich, in the event of a divorce, would give the wife an equal share of not only the property acquired by the husband during or before the marriage but also his inherited or inheritable property.


The proposed amendment, that is likely to be controversial, aims to redefine the phrase 'residential property' to include not just the residential house but also other properties acquired by the husband.


In case other members of the family (apart from the husband) also have rights in the inherited property and it is impractical to divide it, the amendment proposes to compensate the wife with an equivalent amount of money in place of her share.


The proposed change aims to give the wife an equal share in the property regardless of whether it was acquired before or after marriage and regardless of whether it is only in the husband's name or held jointly.


The changes in the Marriage Laws (Amendment) Bill, being brought under pressure from civil society as well as a section of MPs, is expected to come up in the cabinet meeting on Wednesday.



The government had earlier introduced the amendment bill in order to alter the Hindu Marriage Act, 1955, and the Special Marriage Act, 1954, to introduce the option of divorce on grounds of "irretrievable breakdown of marriage".



Learning

 21 Replies

Ranee....... (NA)     30 April 2013

nice.This will reduce divorce cases in the country in minor issue by husbands.

ashoksrivastava (scientist)     30 April 2013

In that case for crpc125  etc. wife's inheritable property( from her parents) should be considered. Before every election justice will be inflicted another blow. regards ASHOK

ragz hyder (PM)     30 April 2013

All for 5 mins of pleasure.

Prostitutes in India are PIOUS compared to indian wives....

2 Like

DV victimmmm ( )     30 April 2013

How many husbands in india have been granted divorce for minor issues by the way ?

2 Like

Ranee....... (NA)     30 April 2013

they file on minor issues, so are not granted divorce.

Tajobsindia (Senior Partner )     01 May 2013

I welcome the Amendment. It will infact increase divorce that also it will be asked on drop of pallu (oops sari) by a metro lady.

First - Due to the Amended HMA Indian men will shed feudal mindset and opt for ghar jamai status fearing parting their inheritance share in cash or partition thereof in hands of their metro wife.

Second - During debates with civil society it should see demands from men's rights group that property rights should be settled for would be bride too at the time of giving her hand for marriage on principles of equity - equality (saying it in same breath though).
Reasoning:
One side she carries her inheritance to matrimonial home and just because of it  dowry rates will come down as men will not demand dowry seeing she carrying her natal inheritance to their home (obviously in cash which she will get and which she can easily put in some F/D during her so called time spent in a matrimonial home) and finally when she leaves her matrimonial home due to say divorce she will thanks to the proposed amendment carries husbands inheritance share in cash  with her too (obviously) which is like giving her double monetary benefits all along her journey from being 18 years to during marriage and finally leaving matrimonial house fully empowered (i.e. once while leaving her natal home and lastly at the time of leaving matrimonial home) and once she achieves HER INDIAN ESTYLE FINAL EMPOWERNMENT the concept of doling out alimony to her will also go off from Bare Acts because she is benefited by the earlier natal home inheritance and later husbands inheritance too all in continious cash flow (in lieu of shares / partitions respectively) and due to these two-in-one vote for my party (soaps) lollipops thus her re-marriage chances triples up than what she is facing today and well she will probably not have much to complain about in theory before Apex Court.

But what I see coming is the sad part of Indian womens empowernment will still remain the same as we see world over – man is always afraid to marry woman loaded with cash and loo behold if she is beautiful loaded metro woman then how Govt. in waiting will overcome nations vast divorcee women line-ups upliftment I have yet to sit deep and think all over again on the same lines as my last photo shoot on widows of Vrindavan :( 


[Quoting news item without your intellect is boring as I see it and nothing personal to you ld. brother.  Now that I have attempted staging the platform let the discussion begin…………….]

1 Like

Mango (Consultant)     01 May 2013

I see no more marriages happening in India because of such baised laws and amendments.... Who wants to scarifice his hard earned money and property for a "stupid" lady and a "stupid" law? World is laughing on us (Indians) for having such a stupid law called 498a for male harassment. Who is going to believe that we have crossed the limits of all stupidity by making such amendments which is more favorable to women to harass their husbands?

 

After this amendment, India will soon suffer from the disease called live-in relationship which will further result the orphan kids running on the streets. Reason for rise in divorce cases after 2005 is purely because of biased laws. Now MPs are going to do another blunder -

 

Words of wisdom for Indian men -

 

a) If you want to live a happy life then don't live in India...

 

b) If you have a specific reason to live in India then don't go for marriage at all...

 

c) If you have already planning to marry in India then God Bless You... Be ready to divide the property equally...

 

Mango

2 Like

ragz hyder (PM)     01 May 2013

@Tajobs

"Without your intellect?"

The law is so blatantly unjust that its beneath anyone to have intellectual discussions of its pros and cons. I can bet my life that these laws to protect women will pretty soon have the exact opposite effect...cornered men left with no choice...

ragz hyder (PM)     01 May 2013

Hahaha...@Ranee

enjoying the attention??

Tajobsindia (Senior Partner )     01 May 2013

Bhai mere rocket science Part number Three are like these to use your upper faculty without rainbow glasses;

1. HSA when got Amended in 2005 it was not done retrospective basis – right. So even for discussion sake if this Amendment sees through light of society it will never be applied ‘retrospectively’ so all YOU the present generation are safe why stop upper faculty functioning just for the thought of it.

2. Now once I put you all the present generation in comfort zone I have to see the future generation safety too – right. So when I opened topic for discussion with my early comments I said a line in (bold) first re-read it and its explanation in much larger details I said in the morning in similar post somewhere else (ghar jamai concept) which you discover and read explanation from there thus I intentionally put my point in just two lines under first opening para for sake of brevity.  

3. Finally what is essence of (bold) second that you are agitating about?. Let me play laymen for a change and ask you donot you like your siblings to be saved from alimony – don’t you like for discussion sake your sister to be provided at 18 years age her inheritance share least she chews hefty dowry unnecessarily from family silvers instead and so on so forth (I am taking under this explanation hint para in generic and not paying attention to you being Muslim so take generic arguments and use upper story instead of fearing every amendments stops India's Hindu men's progress).

Live eg.:-
Just today Govt. opened doors for Women to serve as ADC (n BTW ADC's are most often young in their 30's) for retired Army Commanders staff purposes. I welcome Govt. decision for a so called future thought let the General Sahib who was upright all his 36 years service now face s*xual harassment charges (from young female ADC) twisting and running from one court to another while retiring in Pune or Bangalore or in between palying golf in Ooty (even inviting some contempt from some rtd. general sahib files upon me - I can defend that as it is my freedom of speech and I have live illustration of s*xual harassment cases filed against high -ups with which I can beat such contempt notices)
J

[So controlled speak with whatever knowledge of practical Law you have instead of talking everytime oh this will do this to Indian men and that will do this for all Hindu men which is no argument at all atleast before me.]

1 Like

(Guest)

Already Child and WOmen`s Ministry is opposing this move about dividing inherited property and property acquired before marriage.

Mantrijis are not foolish...They are already going to jail because of 498A.They will not be happy to lose their 1000 crore properties because of stupid laws.

Where is the proportionality in this law?Eg.You steal something,you get a fine,you murder someone you get life in prison.

You get married for even one day.You can lose half your property including the property of your fore-fathers.Crazy.

1 Like

Rakesh Mehata (sw engg)     01 May 2013

Originally posted by : Tajobsindia
1. HSA when got Amended in 2005 it was not done retrospective basis – right. So even for discussion sake if this Amendment sees through light of society it will never be applied ‘retrospectively’ so all YOU the present generation are safe why stop upper faculty functioning just for the thought of it.
 

Hi sir,

Thanks for providing valuable insights to law illiterates like me. I have been fighting a 498a since last july, immediately after I filed a divorce in early july.

The divorce hearing is yet to happen.

I did not understaind the "retrospective" part of your post. Does this mean that even if the amendment passes through and is applied, it will NOT be applicable on my divorce case because my divorce case was filed before the amendment was passed ??

Could you please answer this so that I will chalk out my next plan of action to safeguard my properties ?

 

thanks!

RK

Good Boy (None)     01 May 2013

A govt who can not protect nation's property in Laddakh is planning to safe guard divorcee's right(wrong). women empowerment at the cost of other's hard earned money. great modern V*g*n*a power of vote. Can Govt send those benificiary V*g*n*a to Laddakh to save of nation's land/ property from chineese, since hands of our male soilders are tied with human right/ leftist laws. Indian men know better to protect proprties, so in future we will hear more news of deaths. 

Anjuru Chandra Sekhar (Advocate )     01 May 2013

More no. of marriages more properties in the name of women.:)


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