Proposed marriage amendments law(divorce)
Bablu Ghosh
(Querist) 20 July 2013
This query is : Resolved
TO BE KEPT ANONYMOUS One of my friend’s son has very recently filed a case of divorce on mutually consented case (Wife is the Petitioner No-1 and the boy has only seconded the proposal). Actually their married life was not all happy due to temperamental incompatibility. Motion 2 has not yet been moved.The case has been moved so that either can start a fresh innings in their life.
A) The joint application clearly mentioned that both the petitioners have no claim from each other regarding monetary/marriage gifts/personal belongings including ornaments(Diamond/Gold/Silver or otherwise).It also mentioned that the petitioners shall not make any claim regarding these in future against each other. And return of gifts were made with documentation PRIOR TO FILING the joint petition
Now it is seen in papers that a new Clause 13F (Probably Hindu Marriage Act) is going to be introduced that gives B) women share in husband’s inherited or INHERITABLE MARITAL property even after divorce
C) Quantum of compensation left to court’s discretion
D) To grant divorce by mutual consent (after 3 years) even if one of the partners NO LONGER seeks it
My humble question against Point No (B) and (C) is that as per Point No-(A) above the petitioners have no claim. In that case whether the court can still give concession to the girl, particularly when she has moved the petition probably out of bitterness towards her husband. Actually the marriage failed mainly because the boy (only child) was very dutiful towards his ailing old parents who needed the son’s physical support, Probably NO INDIAN LAW CAN DEBAR A DUTIFUL son to discharge his duties to his parents (Particularly when the father had to be nursed very frequently,deteriorated with the breakdown of marriage causing father’s psychiatric problem as well).Of course the parent in laws also cannot ALSO behave rudely with the daughter in law who was not intended to give any space to her in laws
Against Point No (B) is there any compulsion that the father is bound to give his property to his son(so far nothing has been given to son,as now a days sons OFTEN DO NOT LOOK AFTER THE PARENTS) even if the son does not look after his parents in their old age to satisfy his wife (may be) as per court directive.
Again against Point No-(D) so far during the cooling off period (6 to 18 months) if one of the petitioners withdraws the consent then no divorce can be granted by the court. But if Point (D) is implemented the total thing has to be amended first
Also if the girl has left on her own whether any compensation can be claimed. In a Calcutta High Court case there was a ruling that the girl cannot claim any compensation, as she has left her husband on flimsy grounds (The boy lost the case in lower court). Section 125 in The Code Of Criminal Procedure, 1973 says No Wife shall be entitled to receive an allowance from her husband under this section if she is living in adultery, or if, without any sufficient reason, she refuses to live with her husband, or if they are living separately by mutual consent. In this case the girl has left on her own without sufficient reasons
Actually if husbands are victimized in this way only the better halves will prevail.In most of the cases there is something else in reality. Please offer your comments
prabhakar singh
(Expert) 20 July 2013
Have a cool breath till notification.
Adv Archana Deshmukh
(Expert) 20 July 2013
There is no point in discussing all this as we do not know in what final form the bill will be passed, if it is passed.
Raj Kumar Makkad
(Expert) 21 July 2013
As the Act has yet to come within next month so there is no use to discuss on hypothetical matters.
