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Ammendement to hindu marriage act 1955

Page no : 4

MK Gupta (prop)     18 July 2012

I want to know that now when both the houses and the cabinet also cleared the same is this bill become a law now...?? or anyone knows the status of the same as on today.thanks 

MK Gupta (prop)     18 July 2012

Hello everyone

                              I've this query about a friend who is living seprately from her husband who used to beat her to bring money from her father.she left her husbands home more than 5 years back when she was almost beaten to death.she did'nt lodged a complaint but sought help from the society (i.e Bramhan Samaj) because she was pregnanant and somehow  wanted to save her marriage .the brahman samaj  mediated  in the matter and on their assurance she went back to her matrimonial home with her daughter after more then a year but to no avail.She was again beaten brutualy along with her daughter within a month of return.Somehow she managed to escape from their and lodged a complaint u/s 498A but he never recieved any notice but managed to make her lawer go hostile and the case was dismissed without a single hearing.She lost faith in the legal system and remain hopeless for years in her parental home.

Now after more than 3 years she filed the 498A case again but her husband is not recieving the notices but 1 of his relative who is coaccused in the case recieved the notice and now her husband offered her some money  and they both agreed to file for mutual divorce.

I want know that  if thay can apply for the waiver of 6 months provision in section 13b(2) (because she think that once she close the cases against him he may not appear again for the second motion after six months).I've so many references of different high courts (where the courts waived the 6 months period)to help her but since she is a resident of west bengal and filed the case their her lawyer says that he need reference of west bengal high court only.    

Please help me in this matter so that an innocent girl and her daughter can live their life peacefully.Thanks    

rajiv_lodha (zz)     18 July 2012

6 Months waiver is granted by SUPREME COURT ONLY. Procedure is lenghty & costly. Better accept the truth & apply for simple vanila MCD in Family Court/Distt Court

Needs Advice (Data Entry Optr)     19 July 2012

Its OK bills can be passed for equal right for each husband as well as wife.

there should be no income generated bills like this. This is nothing but a way of making money if both husband and wife finds a way of seperation by making an easier bill.

Question arises :

WHY WIFE IS ALLOWED TO DIVORCE THE HUSBAND ONLY? 

CLAIM ON PROPERTY IF SHE ALREADY CAN SHARE HER PARENTS PROPERTY AND SELF DEPENDENT ON EARNING HIS DAILY BREAD OR HER FATHER CAN SUPPORT THANY HOW THE PROPERTY SHARE LAW IS CORRECT?

IN THE LAST HUSBAND IS PAYING HER WHOLE LIFE MAINT. TO HER DIVORCED WIFE .

TODAYS WIFE IS MUCH MORE EDUCATED AND SELF DEPENDENT BUT OUR MONEY MAKING MACHINES ARE STILL RUNNING FOR THEIR BENEFIT.

SEE IF WE BOTH ARE READY TO COMPROMISE THAN U MAKE AN AGREEMENT SO THAT BOTH CAN FIGHT AND U R BENEFITED FROM THIS  BILL.

KEEP GOING : SATYAMAV JAYATE

NC (BM)     23 March 2013

Any further news about the Indian Marriage Act 2010. Any idea, when this is expected to become an act??

Bhaskar for SOCIAL JUSTICE (Legal & Social Activist)     23 March 2013

Yes it is listed and will be placed for approval once Parliament resumes. TX

1 Like

NC (BM)     01 May 2013

I guess this bill under discussion in cabinet meeting at president residence today. When it is expected to presented in Parliament now.


I have a question on below section. If the wife opposed on the ground of financial hardship, what kind of arrnagments to be made to its satisfaction to eliminate the hardship. Does it actually mean that in that case the court will give divorce on the basis of husband submiting X amount or property rights to the respodent wife.

=== quote ===

13D. (1) Where the wife is the respondent to a petition for the dissolution of

marriage by a decree of divorce under section 13C, she may oppose the grant of a

decree on the ground that the dissolution of the marriage will result in grave financial

hardship to her and that it would in all the circumstances be wrong to dissolve the

marriage.

(2) Where the grant of a decree is opposed by virtue of this section, then,—

(a) if the court finds that the petitioner is entitled to rely on the ground set

out in section 13C; and

(b) if, apart from this section, the court would grant a decree on the petition,

the court shall consider all the circumstances, including the conduct of the parties to

the marriage and the interests of those parties and of any children or other persons

concerned, and if, the court is of the opinion that the dissolution of the marriage shall

result in grave financial hardship to the respondent and that it would, in all the circum-

stances, be wrong to dissolve the marriage, it shall dismiss the petition, or in an

appropriate case stay the proceedings until arrangements have been made to its satisfaction to eliminate the hardship.

=== unquote===


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