MUMBAI:
When it comes to property rights in matrimony, gender matters. The issue of property rights for women within a marriage has long been an area of concern across the world. While Maharashtra is now considering the idea of granting women equal rights in their husband's property, women's rights were being asserted in the US way back in 1771. Almost two-and-a-half centuries ago, New York brought in a law preventing a married man from selling or transferring his wife's property without her approval.
Women's rights within their marriage have always put them at a disadvantage. Early laws in the United States followed the British law and gave women little financial independence over property, though things changed by 1900. But property rights of women in a marriage are still key areas of concern in an era where divorce rates are soaring.
In India, those campaigning for women's matrimonial property rights, including leading women lawyers in the Supreme Court, have also highlighted the need to recognize equal rights of women, be they wives or live-in partners, to property and assets.
There are currently no specific laws in India that give a woman joint ownership rights over her husband's property upon marriage.
SC lawyer Kirti Singh points out that in the absence of a specific law that legalizes women's rights over her matrimonial or husband's property, courts tend to follow the Common Law practice of "separation of property." Women, especially working women, who work doubly hard in rearing a child and looking after the home, often end up getting very little during a divorce, despite their invaluable contribution towards the family, activists assert.
A woman's contribution in kind gets ignored in India, but many countries have recognized its value. The Australian Family Law of 1975 provides for courts' assessment of the non-financial contribution made by wives to the welfare of the family through unpaid work at home and care of children. Elsewhere in Ireland, changes in law recognize a wife's domestic duties. A Canadian law governing division of matrimonial property also stipulates that child care, house management and providing finance is a joint responsibility that brings with it joint rights over property.
In India, Goa is an exception as matrimonial property rights are afforded under the Portuguese Civil Code of 1867. But elsewhere across states, there is no legislation that provides for equitable division of property and assets upon marital separation, divorce or desertion.
Box
Wives, down the ages---in law
In 1848: New York brought the Married Women's Property Act. An expansion of property rights of married women.
1860, New York introduced a law to govern rights and liabilities of husband and wife; expanded married women's property rights.
1882: The Married Women's Property Act, enacted in UK heralded significant property rights to married women, allowing them to own and control their own property.
Matrimonial Property rights however are of concern even today in UK. Much depends on how the property is owned and whether it is in joint names. But couples can draw up prenuptial or co-habiting agreement when they first acquired the property.
But a married woman has a right of occupation of the matrimonial property whether or not its in her name.
Box
Wives, down the ages---in law
In 1848: New York brought the Married Women's Property Act. An expansion of property rights of married women.
1860, New York introduced a law to govern rights and liabilities of husband and wife; expanded married women's property rights.
1882: The Married Women's Property Act, enacted in UK heralded significant property rights to married women, allowing them to own and control their own property.
Matrimonial Property rights however are of concern even today in UK. Much depends on how the property is owned and whether it is in joint names. But couples can draw up prenuptial or co-habiting agreement when they first acquired the property.
But a married woman has a right of occupation of the matrimonial property whether or not its in her name.
