Wife to get half share of husband's property - Bad Law - Indian Real Estate Forum

munishk · 18-05-12

Cabinet okays pro-women divorce clause - The Times of India

NEW DELHI: Bowing to pressure from women's activists, the government has made some crucial amendments to divorce laws, giving women half a share in the husband's residential property irrespective of whether it was acquired before or during the marriage. The amendment was cleared by the Union Cabinet on Thursday.

The wife's share in other assets owned by her husband - movable and immoveable property - has been left to the discretion of the judge.

Another amendment cleared by the Cabinet allows for the six-month cooling period, required for divorce filed under mutual consent, to be waived off by the judge only if both husband and wife agree. In the original bill, the period could be waived off if even one of the parties sought it: another feature that was opposed by BJP and Left, besides women's groups.

The amendments are part of the Marriage (Amendment) Bill that seeks to amend the Hindu Marriage Act, 1955 and the Special Marriage Act, 1954.

The bill seeks to introduce irretrievable breakdown of marriage as a condition for divorce through mutual consent.

This is the first time that a woman's share in marital property has been made part of the marriage legislation. So far, the wife's right to property was recognized but alimony and compensation were decided by the courts.

"The amendment will give a woman right to 50% of the residential property owned by her husband even if it is acquired before the marriage. This will ensure that the woman is not left without a roof over her head in case divorce is given through mutual consent. However, division of other property, money, assets will be decided by the courts,'' sources said.

However, some of the activists remained unhappy with the bill, saying it remained biased against women despite the changes Cabinet cleared on Thursday. Former Rajya Sabha member Brinda Karat said this legislation would "compromise the future rights of women in a marriage''.

Karat, along with parliamentarians and others, had met law minister Salman Khurshid on Tuesday to press home the point that restricting a woman's share only to residential property would be unfair. They argued that the woman's right to property was established under law and she should have an equal right to all property acquired during marriage. "There has been some change but it is not enough. This is a very poor substitute and should not be passed in the name of a pro-woman legislation,'' Karat said.

Sources said that following concern expressed by Parliament and women's activists, it was also felt that the cooling period of six months should only be waived off only after both parties agree.

munishk · 18-05-12

Women to get share in husband's property in case of divorce

palash57 · 18-05-12

How can our parliamentarians be sooo stupid....with 50% divorce rate in metro..they are passing this !~#$% law allowing women to get 50% of assets ???..Classic "Get-Rich-Quick" scheme.
Get married- get divorced and enjoy 1 crore. Cool.

Is there no-one to vouch for marriage institution?

unreal · 18-05-12

Such blanket rulings are senseless. There may be cases where this is justified but it doesn't hold true for every divorce.

Renthusiast · 18-05-12

Ridiculous law. To the extent separation of residential property is concerned, it should only be property acquired after marriage.

Otherwise it will actually become a get rich quick scheme. Marry a loaded guy, get divorced in a few years!

Jai_Singh · 18-05-12

i know that this law is foolsih as most of the others but there is a catch. it applies to residential property only. Sell off your property before getting the divore or gift it to some of your trusted blood relative before divore and get it back in the form of gift after divore. I'm no lawyer so there would be little if and buts.

palash57 · 19-05-12

Well, 99,99% junta has only residential flat..so that is not really a catch..and selling / transferring is not easy also.

That's what women in US were doing for soo many years..and now they are complaining men are not willing to "commit".

ashish908 · 05-08-12

if a husband has 3 residential property, can the wife claim on all of them

chrisbinder · 09-08-12

I don't think so that its bad law if wife get half share of husband's property..She is eligible for this and she has rights also..But if wife is not good and has affairs than it can be bad for husband as wife wants his property not him..

planner · 09-08-12

Pura property le lene de bhai magar jaan chood dene bol==== ek dukhit pati

18-05-12	#1
munishk New Member Join Date: Nov 2011 Posts: 43 Likes Received: 4 Likes Given: 12	Wife to get half share of husband's property - Bad Law Cabinet okays pro-women divorce clause - The Times of India NEW DELHI: Bowing to pressure from women's activists, the government has made some crucial amendments to divorce laws, giving women half a share in the husband's residential property irrespective of whether it was acquired before or during the marriage. The amendment was cleared by the Union Cabinet on Thursday. The wife's share in other assets owned by her husband - movable and immoveable property - has been left to the discretion of the judge. Another amendment cleared by the Cabinet allows for the six-month cooling period, required for divorce filed under mutual consent, to be waived off by the judge only if both husband and wife agree. In the original bill, the period could be waived off if even one of the parties sought it: another feature that was opposed by BJP and Left, besides women's groups. The amendments are part of the Marriage (Amendment) Bill that seeks to amend the Hindu Marriage Act, 1955 and the Special Marriage Act, 1954. The bill seeks to introduce irretrievable breakdown of marriage as a condition for divorce through mutual consent. This is the first time that a woman's share in marital property has been made part of the marriage legislation. So far, the wife's right to property was recognized but alimony and compensation were decided by the courts. "The amendment will give a woman right to 50% of the residential property owned by her husband even if it is acquired before the marriage. This will ensure that the woman is not left without a roof over her head in case divorce is given through mutual consent. However, division of other property, money, assets will be decided by the courts,'' sources said. However, some of the activists remained unhappy with the bill, saying it remained biased against women despite the changes Cabinet cleared on Thursday. Former Rajya Sabha member Brinda Karat said this legislation would "compromise the future rights of women in a marriage''. Karat, along with parliamentarians and others, had met law minister Salman Khurshid on Tuesday to press home the point that restricting a woman's share only to residential property would be unfair. They argued that the woman's right to property was established under law and she should have an equal right to all property acquired during marriage. "There has been some change but it is not enough. This is a very poor substitute and should not be passed in the name of a pro-woman legislation,'' Karat said. Sources said that following concern expressed by Parliament and women's activists, it was also felt that the cooling period of six months should only be waived off only after both parties agree.

09-08-12	#10
planner Veteran Member Join Date: Feb 2012 Location: Middle East Posts: 1,497 Likes Received: 734 Likes Given: 737	Pura property le lene de bhai magar jaan chood dene bol==== ek dukhit pati ashish18 likes this.

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18-05-12	#3
palash57 Member Join Date: Feb 2012 Posts: 289 Likes Received: 45 Likes Given: 19 My Mood:	How can our parliamentarians be sooo stupid....with 50% divorce rate in metro..they are passing this !~#$% law allowing women to get 50% of assets ???..Classic "Get-Rich-Quick" scheme. Get married- get divorced and enjoy 1 crore. Cool. Is there no-one to vouch for marriage institution?

18-05-12	#4
unreal Member Join Date: Apr 2012 Location: NCR Posts: 195 Likes Received: 53 Likes Given: 124 My Mood:	Such blanket rulings are senseless. There may be cases where this is justified but it doesn't hold true for every divorce.

18-05-12	#5
Renthusiast New Member Join Date: Apr 2012 Posts: 3 Likes Received: 0 Likes Given: 31	Ridiculous law. To the extent separation of residential property is concerned, it should only be property acquired after marriage. Otherwise it will actually become a get rich quick scheme. Marry a loaded guy, get divorced in a few years!

18-05-12	#6
Jai_Singh Veteran Member Join Date: Nov 2011 Posts: 1,072 Likes Received: 308 Likes Given: 87	i know that this law is foolsih as most of the others but there is a catch. it applies to residential property only. Sell off your property before getting the divore or gift it to some of your trusted blood relative before divore and get it back in the form of gift after divore. I'm no lawyer so there would be little if and buts.

19-05-12	#7
palash57 Member Join Date: Feb 2012 Posts: 289 Likes Received: 45 Likes Given: 19 My Mood:	Well, 99,99% junta has only residential flat..so that is not really a catch..and selling / transferring is not easy also. That's what women in US were doing for soo many years..and now they are complaining men are not willing to "commit".

05-08-12	#8
ashish908 Member Join Date: Jul 2010 Posts: 141 Likes Received: 11 Likes Given: 0	if a husband has 3 residential property, can the wife claim on all of them

09-08-12	#9
chrisbinder New Member Join Date: Oct 2011 Location: Canada Posts: 14 Likes Received: 1 Likes Given: 0	I don't think so that its bad law if wife get half share of husband's property..She is eligible for this and she has rights also..But if wife is not good and has affairs than it can be bad for husband as wife wants his property not him..