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sensitiveman (executive)     06 February 2012

Right to marital property act

NEW DELHI: A high-level government panel has suggested that all movable and immovable assets acquired by a married couple or a couple living together be classified as joint property which would be divided equitably in the event of separation or desertion.

The Planning Commission's working group on Women's Agency and Empowerment wants a comprehensive legislation - 'Right to Marital Property Act' - to be brought in which would be applicable to all communities.

The panel, which wants a complete re-look at family laws, argued that all assets acquired by a couple should be viewed as joint property, regardless of who bought it. It said the law needed to recognize a woman as an equal partner with the husband and her contribution to the household should be appreciated.

The panel noted that apart from some reforms in the 1950s in Hindu law and some struggles around the issue of maintenance rights for Muslim women, family law reform had been totally neglected. "There is thus an urgent need to consider the enactment of a standalone comprehensive legislation, which will ensure that all assets that have been acquired by the family are divided in an equitable manner," the group, headed by secretary, women and child development ministry, said in its report.

The committee, which had representative from the ministries of law and home, also suggested a review of laws related to maintenance to ensure that separated women and children got an adequate amount of maintenance and custody rights. It suggested removing all discriminatory provisions in existing laws that link a woman's conduct with the grant of maintenance.

The panel argued that laws should be framed with a view to place the onus on the husband to prove his income and the quantum of maintenance awarded should enable the wife and children to live at the same standard of living that they have been used to.

It suggested that government should be made responsible for recovery of the maintenance amount, along with creation of a fund to pay the maintenance awarded by the court, particularly to poor litigants.



Learning

 14 Replies

Fraud_victim (Manager)     06 February 2012

Friends this is dangerous.. this will kill families & relations.. people will marry for property & money.. we all need to voice against implementation of this law.. I request SIF & other pro family groups/ NGOs to unite & fight against this... proposed law.. my sisters's devar's wife ran away from home (with one of the neighbour) leaving small kids behind.. and now she is claiming money for divorce.. can such females be entiteled to sharing property?? I am sure many cases will be there around us.. such laws, if brought in will create disharmony & increase in family crime.. we should approach senior advocates (eg Jethmlaniji/ Subramanium Swamy & the likes) along with NGOs to legally find the way out to stop such laws.. families in general & men in paricular are already suffering from exisiting draconian laws.

1 Like

Bhaskar for SOCIAL JUSTICE (Legal & Social Activist)     12 February 2012

You are absolutely right.This type of one sided law will break families  like 498A and DV Act are doing today .

 

We all must unite and raise voice against this before it becomes law.If need be i can provide email,fax,phone no's, addresses etc.of important persons for raising this issue.

 

Tx


(Guest)

Dear Harassed Husbands,

Be Ready for Another Missile by Indian Law system, be prepared for Another Law in Pipeline to Drive you Mad, Seems Like a Marriage is Criminal Offence Now.

A government panel has suggested that all movable and immovable assets acquired by a married couple or a couple living together be classified as joint property.

The group, headed by secretary, women and child development ministry, said in its
report. Highlights of Their Suggestions Are..

 

'Right to Marital Property Act' - to be brought in which would be applicable to all communities.

 

1) Law needed to recognize a woman as an equal partner with the husband and her contribution to the household should be appreciated.

 

2)  which will ensure that all assets that have been acquired by the family are divided in an equitable manner which would be divided equitably in the event of separation or desertion.

 

3) Review of laws related to maintenance to ensure that separated women and children got an adequate amount of maintenance and custody rights.

 

4) Suggested "Removing all discriminatory provisions in existing laws that link a woman's conduct"  with the grant of maintenance.

 

5) The onus on the husband to prove his income

 

6) Quantum of maintenance awarded should enable the wife and children to live at the same standard of living that they have been used to.

 

7) Government should be made responsible for recovery of the maintenance amount.

 

Courtesy : TOI

So In Conclusion, Women will marry as much as Husband she can, She can Live in Adultery,

No matter...

how much she earns, No Matter where she lives, No matter how much she harass her Husbands, yet she will go away with Chunk of Maintenance + 50% Share in all his Husband EVEN marrying for an hour or So.

and She already Has reserved her Property in the name of "Streedhan", which Husband Has NO RIGHTS At all,

So ONLY Remaining property of Husband will be shared with your Wife i.e. 50%

 

 

If Conduct of women not to be considered while deciding maintenance?

She will simply walk away from Marriage and asking huge money in form Maintenance + 50% in Asset. Demanding in the court of Law.

 

 

 

It is Better Not to marry in India. Now if anyone say oh! All women are not same, Let me ask you would you dare to disclose your TRUSTWORTHY wives about these laws?? If you trust your wife at such extents??

 

 

 

No one can Guarantee, Once she has tested  / showed these Blood, Even She can try you with these laws or Not.

 

 

All women are not Same, BUT all Laws are Biased & Same for Women.

 

 

 

We have already Laws like

DV

498a

CrpC 125

497 (Women Cant be Punished for Adultry)

376 (Assumes only Women Can be Raped)

in Future..

Sexual harassment Bill 2010

Rights to Marital property Act.

 

These Laws will bring more and More Cases of Separation & Divorce and More n More Family will be hammered in the name of “women Empowerment”

 

 

 

May God Save Indian husbands, marriages would be Civil & Criminal Offence, and Marrying Indian Girl would be like Screwing your own life.

1 Like

chandra mohan (power)     12 February 2012

@Zameer

she will go away with Chunk of Maintenance + 50% Share in all his Husband EVEN marrying for an hour or So.

It will be a legal prostitution.

1 Like

Aishwarya (Teacher)     12 February 2012

way too bad i saw this on P7 news too .

really the law commission is going from weird to weirdest in making such laws deliberately without seeing anything..

First the man was scared to get married now they wont happen to go for live in too..What will happen now i wonder..ufff

Bhaskar for SOCIAL JUSTICE (Legal & Social Activist)     12 February 2012

ONLY WAY IS TO PROTEST BEFORE PROPER FORUMS ON URGENT BASIS AND INEFFECTIVE MANNER BY SHOWING THEM NEGATIVE SIDE OF EXISTING BIASED LAWS AND THEIR SIDE EFFECTS WHICH ARE BREAKING FAMILIES.

Bhaskar for SOCIAL JUSTICE (Legal & Social Activist)     12 February 2012

ONE POINT WHICH NEEDS CLARIFICATION IS WHETHER IT WILL BE APPLICABLE FOR FUTURE MARRIAGES OR EXISTING ALSO.

cm jain sir (ccc)     13 February 2012

 

Nazar Laagi Raja Tore Bangle Parr -

Wife's Equal Share in Hubby's Assets!!!

Fraud_victim (Manager)     20 February 2012

bhaskar.. this will be applicable to .. existing marriages as well... i urge all the members of this forum to fight/ voice agaisnt this law.. this is going to tear apart families in our society.. .ever wondered why westerns do not marry & believe in non marital relationships? because they do not believe in instituion of marriage.. we are so strong culturally, but such acts & laws will deter people to forge marital alliances....

1 Like

Krish Narayan (Advocate)     26 February 2012

If husband runs real estate business..?

bhima balla (none)     26 February 2012

This is a very dangerous act. The problem is: Men from Men's rights organizations are not represented at the table. The haphazard laws that government is coming up with, will destroy the nation. No invasion or sabotage is needed.This law alone or with others will rot this nation from within.

bhima balla (none)     26 February 2012

There is always talk of woman's rights and woman's empowerment these days. Unfortunately in India it has only meant wife/DIL's rights and empowerment.

However why is there no talk of woman's responsibilities? This especially when laws are framed to assume woman to be a responsible person? Is this assumption rooted in reality? If such assumption is not correct, then can laws be made on such false assumption?

Courts interpret laws but do not frame them.  So blaming courts for laws based on assumption which are incorrect , is not right.

Such laws based on false assumption are like building built on unstable foundation and buildings built from cards!

This at the same time is endangering other members and citizens lives, freedom and rights. Such a situation is extremely volatile.

It is a double jeopardy:

1)it encourages irresponsible members to be vindictive, lazy and noncontributory to society.

2) It penalises members who are productive, hardworking and decent.

Is this good for the country? Does that make the country strong and united?

Unless all parties get a seat at the table and a detailed discussion and analysis is undertaken such laws will be forced on the country, under the intense pressure of women's organizations and feminists.

The government panel seems deaf to all other voices, other than those of the ones at the table-who has only one agenda!

rajiv_lodha (zz)     26 February 2012

ALARM BELLS RINGING LOUD!

INSTITUTION OF MARRIAGE IS ON DEATH-BED...........................DO SOMETHING URGENTLY IF POSSIBLE ;(

Bhaskar for SOCIAL JUSTICE (Legal & Social Activist)     03 December 2012

We have sent letters to Law Minister and Chairman Rajya Sabha as per following draft:

Like minded victims may like to sent these letters in their and other family members name :

 

 

To,                                                                                                                       30.11.12

Shri Mohammad Abdul Aziz Ansari

Chairman-Rajya Sabha

Vice-President's House, 
6, 
Maulana Azad Road,
New Delhi
 - 110 011 
Telephone - 011-23016422, 23016344

 

 

Sub: ROLL BACK NEW “DIVORCE BILL& also amend

     anti men Dowry and Domestic Violence Laws.



What will happen if the MAD [Marriage Law Amendment (DRAFT) Bill 2010] BILL is passed?


1)    Husband and his family loses minimum 50% to 80% of the property in case of Divorce. He will have to run after the court for next 20 years
to fight 498A / DV / CrPC 125 / Child Custody, as wife

is not bound to come to court.


2)    Wife’s contribution, financial liabilities and duration of marriage will NOT be considered at the time of divorce. (Example: Wife has Rs.100 Crores of property and Husband has Rs 10 Lakhs property, it is
only husband who will have to pay Rs 5 Lakhs to wife.)


3)    The wife can object a divorce petition filed by husband on grounds of financial hardship but husband CANNOT object a petition filed by wife. So, husbands will prefer to avoid to go court and sell
off/mortgage all assets, like china it happened. Result every divorce case 3 to 4 property litigation in court for years will continue.


4)    Upon quoting ‘financial hardship’, the wife will get minimum 50% to 80% of husband’s family property and same share in assets to fulfill her lavish lifestyle, even if the marriage lasted for 1 day or 1
month. Result more husbands suicide or spouse murder will happen.


5)    Financial position of the wife, her assets is not being considered at all; neither is her capability to earn nor her education nor her financial / non-financial contributions.



6)                           While the distribution of assets has been allowed, the distribution of liabilities is not at all mentioned. So the husband keeps paying the loans & mortgages and wife runs away with money and property.


ROLL BACK THIS DRACONIAN, HUSBAND KILLER EXORTION LAW IN THE NAME OF EASY DIVORCE OR REPLACE THE WORD HUSBAND/WIFE TO SPOUSE AS FOLLOWED BY ALL OVER WORLD.

Thanking you,

 
With High Regards,

 

 

    Yours Sincerely,

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

To,                                        30.11.12
Shri Ashwani Kumar

Minister

Ministry of Law and Justice

4th Floor, A-Wing,

Shastri Bhawan,

New Delhi-110 001

 

 

Sub: ROLL BACK NEW “DIVORCE BILL& also amend

     anti men Dowry and Domestic Violence Laws.



What will happen if the MAD [Marriage Law Amendment (DRAFT) Bill 2010] BILL is passed?


1)    Husband and his family loses minimum 50% to 80% of the property in case of Divorce. He will have to run after the court for next 20 years
to fight 498A / DV / CrPC 125 / Child Custody, as wife

is not bound to come to court.


2)    Wife’s contribution, financial liabilities and duration of marriage will NOT be considered at the time of divorce. (Example: Wife has Rs.100 Crores of property and Husband has Rs 10 Lakhs property, it is
only husband who will have to pay Rs 5 Lakhs to wife.)


3)    The wife can object a divorce petition filed by husband on grounds of financial hardship but husband CANNOT object a petition filed by wife. So, husbands will prefer to avoid to go court and sell
off/mortgage all assets, like china it happened. Result every divorce case 3 to 4 property litigation in court for years will continue.


4)    Upon quoting ‘financial hardship’, the wife will get minimum 50% to 80% of husband’s family property and same share in assets to fulfill her lavish lifestyle, even if the marriage lasted for 1 day or 1
month. Result more husbands suicide or spouse murder will happen.


5)    Financial position of the wife, her assets is not being considered at all; neither is her capability to earn nor her education nor her financial / non-financial contributions.



7)                           While the distribution of assets has been allowed, the distribution of liabilities is not at all mentioned. So the husband keeps paying the loans & mortgages and wife runs away with money and property.


ROLL BACK THIS DRACONIAN, HUSBAND KILLER EXORTION LAW IN THE NAME OF EASY DIVORCE OR REPLACE THE WORD HUSBAND/WIFE TO SPOUSE AS FOLLOWED BY ALL OVER WORLD.

Thanking you,

 
With High Regards,

 

Yours Sincerely,

 

 

 

 

 

 

 

 

 


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