Marriage amendment bill 2010


On Friday 18/05/2012, Cabinet approves of - women to get 50% share in the residential property and moveable property of man in case of divorce.

My queries are :

1. Will not Women collect more then one share in property (from 1st marriage, Get remarried and again collect one more and so on, apart from the fathers property)

2.. Will it not lead to more criminal offences such as murder( to eliminate the root cause)

Please suggest.

 
Reply   
 
Teacher

definitly yes it will give even more jump to legal terrorism..

..it would..and if the women is all to blame for the failure of marriage due to any reason then again the innocent guy and his parents have to pay the price with no fault of them..such laws are no good for the society


Total likes : 1 times

 
Reply   
 


Advocate

Let me first congratulate Aishwarya ( I suppose she is a female ) for accepting that it may lead another legal hassle for the experts . It depends upon the nature of the person. One has to decide what is enough. Any amendment may creates doubts but it could be solved. Just accept that at least these law makers did find some time to discuss on sensative issue rather fighting among themselves.

Adv. Sandeep Naik

HighCourt- Bombay

Mob : 99670 56980

 
Reply   
 

Definitely the amended law  will increase legal terrorism.females may file divorce petitions on false ground to get the 50% share in husbands residential and movable property.It is seen that  most of complaints u/s 498 A of I.P.C and PWDVA are fake and filed for black mailing and to make harassment.

 
Reply   
 
 
NA

This amendment is 50% good and 50% bad.

This will give relief to real victims and help cunning girls.

 
Reply   
 
Senior Partner

1. After Batra and Batra judgment of Hon’ble SC it became difficult for abalas to get residence / property of in-laws leave aside husbands as husbands started shifting to slums as remedy to save their parents and their hard earned properties. So now Legislature gave backdoor entry to same Johnny Walker but this time packaged it into a new bottle.


2.
Now after this Amendment give or take 1-2 years majority of prudent husbands will start transferring (gift deed) their hard earned properties for a simple reason many husbands have been now already aware and or have tasted DV Act medicine so precaution is better than actually living their life in a ICU. Do you say that DV doesnot happen in majority of Indian homes ! c'mon if you say no then why DV act came and if you say yes again then read next para


3.
Previously the incentive was via dowry to marry of their daughter just to save natal properties shares from your daughter. Then Amendment into Succession Act came but till date it is still difficult for daughter of the house to seek her share because all their dads are doing are creating trusts and or HUF to save jameen (properties). So the question of giving share of natal properties to married daughters still remained struck. Since she does not think appropriate to file cases on her own natal home / relatives out of compassion so who becomes easy target now – HUSBAND / In - Laws so what shall be done to help her – create an Amendment in HMA and read next


4.
Who today is ultimate sufferer because of this Amendment – it is a Hindu and followers of HMA i.e. Hindu / Jains / Buddhists and Sikhs. Now what this Amendment has done is alienated Hindu vote bank as Hindus have started thinking why they are facing the Amendment and not Christians and other religions?  That is why since long time here I was in favour of Uniform Civil Code which probably many of you missed discussing out.


5. I posted few months ago here in family law forum a State HC Judgment here where a divorced wife was getting pm maint from 1st. husband and then she re-married meanwhile the first husband was already meeting pm maint. but then after her second marriage she filed for divorce from second husband and claimed pm. Maint. from second husband. The second husband’s Adv. objected before Lordship that how she can get two maint. i.e. from from two husbands under same Act? Lordship shouted at him and said when first one has no objection then why you have objection – thack maint. order passed:-)  Now let us prudently think is such personal / perception of a Lordship verdict not incentive enough if this Amendment is seen as green flag given to wives to drop / pick husbands from marriage market as per quality and market rate of properties that first / second / third brings on table
J


Now let us look at marriage age pan India – a Hindu girl gets now-a-days married off at 23 yrs. she divorces first one due to all these IrBM syrups available off the counter curtsey due these Amendments and what she gets at divorce is alimony + 50% share of first husband property at say age 26 yrs. She is still young so with 50% share of property from first husband she shows in marriage market again and thanks to already skewed s*x ratio pan
India
she again gets re-married at say age 27 years. Hypothetically today so many social stress and peer pressures are there so by the time she reaches second marriage age all these social pressures would have doubled so what green pastures she now sees especially on maint. or material security point of view – divorce and take second time 50% share from second husbands property and walk off. We all know every three years property price / value escalates so she has running FD's in her pocket since neither her natal home gave her anything nor she has been empowered enough previously to find a job / income and anyhow society does not emply women is what female writers give long stories here just last week inspite of being qualified :-)


My que. to readers now is; will this too soon to happen in
India illustration of this girl will she not marry third time at say age 31 yrs. with two 50% property share already in her pockets and have we Hindus by keeping quite all these two years when Amendment was being discussed in Law Commission and Rajya Sabha Committee not made this Hindu girl yours truly empowered? Then shall we call them victims at age 30 - 31 years…c’mon Hindu readers let us not still live in glass houses in the name of protector and provider of all Hindu women around a man from his cradle to grave
J


Total likes : 1 times

 
Reply   
 
NA

If husband transfers his propety through gift deed to  his relative, some relative will also gift him his property to the husbnad..thus ultimately the situation will be almost same..but mismatched...

 
Reply   
 
Advocate

@tajobsindia.  For a woman to exploit man like the way you narrated, she should first be aware in whose name the properties in husband's family are standing.  Do you think women gather all the information relating to husband's properties before marrying?  Even if she asks for property details, the man or his relatives will share information about it?  They will read her intentions if she asks such details and leave her without marrying if she asks for such details. It may be possible in love marriages where man and women get intimate during love and share lot of information about each other, but not in an arranged marriage.

 
Reply   
 
Advocate

:) If a woman does LLB or if she has Advocates in family and relatives, she may stoop down to that level.

 
Reply   
 

LEAVE A REPLY


    

Your are not logged in . Please login to post replies

Click here to Login / Register  



 

  Search Forum








×

Menu

Post a Suggestion for LCI Team
Post a Legal Query
Forensics & Evidence     |    x