Divorced woman to get 50% share in husband’s property

Why the hard earn money of one family to be given to other (wife).

Is this rule applicable to wife's property also ? Means if a girl give divorce will her family and her property will be given to husband.

This rule is good if:

1)After many years suppose (15 to 20 years of living together) husband is giving divorce.

2)He is having 2nd wife or affair.

3)Not a responsible person towards his wife and kids.

Any way only greedy girl family will go to that level other good girl family will loose their money in courts.

"

For the first time in the history of marriage laws in India, women and children have been given definite rights in the residential property of men in the event of a divorce....... " quoted by Adv. Rak Kumar Makkad.

Now, dont u think, that this will make "marriage" a DHANDHA ??? Marry, get divorce, get 50% of property, ..... remarry, divorce again, again get 50% of society ... like this .

OR, if the wife is adultruous .... she will divorce, get 50% of property amd marry her paramour. (Here the first marriage by the woman could possibly just to earn a chunk of hard earned property from a wealthy man !!!).

What if a man in his late thirties ? He would have earned a substantial property through his hard work. Now he marries and his wife (we take here the case of a greedy wife) gets divorce and took away all he has earned from, say, from age 25 to 35 before his marriage!!!

Dont take it for consideration that all husbands are at fault for all the divorce cases. Do you reside outside of India, sir ? Haven't you heard of the gross misuses of 498A ?? Even the SC has termed it as "legal terrorism" !!!

You are an advocate. If well educated persons of law like you jump into the support of some biased law like this without proper consideration about it possible misuse, then I must say  MEN  IN  INDIA  ARE HEADING  TO  BE  SLAVES  TO  THEIR  WIVES  IN  THE  COMING   DAYS  TO  COME  !!!!

This is known to majority that our country is being governed  by foreign companies and their parent country organizations. Majority of our leaders are corrupt and are puppet in their hands.  This law has been made to destroy hindu marriage activities, so that there develops a distate for marriage among men and the christian culture of living without marriage develops. The church wants to destroy hinduism. They want that hindu should be hindu from body only and they should be christian or english from minds. Thus they can be ruled easily and the foreign companies can keep on looting  Indian Natural Resources and people money with their dirty tricks.

could you please clear whether it is going to be applicable to existing pending cases. and whether ancestral property is also considered for the same.

 Don't know yet. There seems to be a draft ,which the  parliament needs to debate.

Apparently the draft is deffered in Rajya Sabha. Don't know when it will be reintroduced.

It is time for people who think that this law will be extremely unfair to write articles, letters to editor, speak on TV, fcebook, twitter, social media, meetings etc to create a strong opposition and to make lawmakers think again. It will also build a counter vote bank that will diminish the effect of feminist vote bank. It will divide the society.But such nonsense cannot be tolerated.

It would have been much better if it applied to resources earned after marriage ,

but in present form this will become a DHANDA , marry one file 498a get half ,marry another man and so on.......

I strongly would argue that not only are the property acquired after marriage and Only couples self acquired property be considered but the actual contribution by each and emeritus derived by each partner be considered as well. The assumption that each has contributed equally in not correct in a lot of cases. Today one can infer the value of services rendered. Where available he contribution should be evaluated. A good law will lay down he criteria for the same and also lays down criteria for child support.

The contribution of earning spouse is measurable and easily available. However if a spouse is not earning his/her contribution is not easily determined.however there are other ways to measure the same. The one who is not earning is also consuming the resources provided by the spouse who is earning. It is not true that earning spouse is not contributing to household and child rearing. Infact the non earning spouse may inot be contributing to household as well. Assuming as such and equally dividing the property or providing maintenance is the flaw in the current law. West has arrived at this arbitrarily. Their approach is not a good way at all. In fact western laws have several flaws in them.we also have the hindsight of such laws.

Why should law makers expect husbands to give half the share of property to wife the moment they are married. Whereas noone talks about her rights when her own parents refuse to give any share in ancestral property.

Harder truth is even today girls are treated as burden by their own parents. This situation can not improve unless Abla Girls themselves become independent.

498a/maintenance/HMA ammendments would not bring women empowerment in India. They can only turn them into beggars.

True women empowerment will happen when womed will stop being abla naris and become independent. Specially for urban girls who have all the facilitied to get good education, there is no excuse why we can not have more Girl doctors/enginneers/CAs even though there are reservations for them.

Untill girls themselves stop being abla naris no law in the world can help. They can just satisfy false egos of some ..........

Women empowerment occurs only when she becomes her husband's true better half. Such woman would earn everything herself-respect, dignity, trust, wealth, children, love etc etc etc No law is needed. No law will make women empowered. They will only be parasites!

Also a divorced woman with property will be target not just as a woman but as a 'rich' woman. Many people would try to take advantage of her. It will not be that easy.

The law assumes 100% women are innocent which is not the case.

It is going to be a problem specially in case of arranged marriages. And the number of 2nd marriages will definitely take a big dip since the hit will leave a lot of people not to be in position for 2nd marriage.

So you have a house in Cuffe Parade before divorce and post you have to move to Lower Parel or Powai.

What should be done addtionally is if the woman remarries she has to return the property she got to her last husband...

I think in a decade a two the situation will be pretty much like US. More live in relationships than marrages. The laws also contribute to deterioration of cultures.