Seeking advise (new marriage laws amendment bill, 2010)
Law Querier
(Querist) 18 July 2013
This query is : Resolved
Wife wants divorce. Earlier, Husband did not want divorce and wanted to reconciliation with wife. Husband has tried very much for reconciliation with wife, but wife is not ready to live with husband. so, husband has to go for mutual divorce and entered petition in family court u/s.13B. There is no property will made by husband’s father. Husband has one brother and one sister. Now, husband does not want to give inherited or inheritable property to his wife after divorce under any circumstance according to new Marriage Laws (Amendment) Bill, 2010.
Que-1.Can wife still entitle to get share of father-in- law’s property after divorce if husband’s father legally breaks the relation with his son (husband) in this stage, gets out husband from his house and gives property on name of other son (husband’s brother) and daughter (Sister of husband) in his property will?
QUE-2: Is that good trick if husband withdraw his consent from MCD and contest the divorce filed by wife and keep continue the case long time or file R.C.R. after withdrawal in MCD but, not do divorce with wife ?
Que-3: Is there any escape route if husband does not want to give inherited property share to his wife after divorce in this case?
ajay sethi
(Expert) 18 July 2013
let marriage amendment bill be passed by Parliament . it may be subject to many amendments .
R.K Nanda
(Expert) 18 July 2013
said bill is still not passed by parliament.
Guest
(Expert) 18 July 2013
Quite a premature query. There are many a slips between the cup and the lips. Wait & see, which way the wind blows.
Only cabinet has approved the bill. The bill has to face the rigour of both the houses turn by turn before that is passed by both the houses for the assent of the president. Unless there is an absolute majority of any party, the bill is likely linger on for years together.
Raj Kumar Makkad
(Expert) 21 July 2013
Wait about a month and then ask what ever you want.
