Chances of this Bill passing in the current sesdion is very dim, even if it gets passed the law has too many gray areas to be effective. Thete are too many things left at the duscretion of the courts.It may also be challenged in the supreme court.
DV Act Buster (CEO) 16 February 2014
Chances of this Bill passing in the current sesdion is very dim, even if it gets passed the law has too many gray areas to be effective. Thete are too many things left at the duscretion of the courts.It may also be challenged in the supreme court.
Damayanti (Unemployed) 19 February 2014
Rajya sabha has passed it completely.
In the said bill, only section 2 may get passed by the lok sabha and remaining amendment (rather insertion of a new ground and all consequential subsequent clauses should NOT get passed as OUR SOCIETY is NOT prepared for such a sweeping changes. Rural India is not progressed so much so to have such a new ground be added.)
Hence rest in peace.
Only amendment to Section 13B (mutual consent divorce) in both laws hindu and special marriage act would go through!!!!
The proposed amendment to section 13B is really appropriate and logical improvement (if one of the two spouses backs out in 'second motion' of MCD, then other spouse is really in a fix. Hence this amendment is OK.)
But inserting Section 13C or subsequent changes has NO standing and NOT a need of the hour as well.
If Section 13 C is inserted. It would make around 1 lac lawyers jobless all over India !!!!
IRBM wipes out all the other type of litigation in family court.
Absurd part is that "Respondent is made to carry the burden to prove that MARRIAGE IS NOT YET BROKEN IRRETRIEVABLY!!!! What the hell is this??????
If wife says marriage broken and she is living separate for 3 years ........... done from her side!!! No lawyer needed!!! share in property would also become straight demand.
Husband would end up either proving that marriage isn't broken or else concede without fight that marriage is broken..... This is not a good law!!!!! it is unconstitutional and encourages females to commit misconduct.
If Section 13C gets inserted in the law ... then take the word that whole institution of marriage as much as it is surviving today also would get demolished irreparably.
So this is a law which should be called as a Irreparable breakdown of Indian family Structure/Family Institution Law.
Damayanti (Unemployed) 19 February 2014
Rajya sabha has passed it completely.
In the said bill, only section 2 may get passed by the lok sabha and remaining amendment (rather insertion of a new ground and all consequential subsequent clauses should NOT get passed as OUR SOCIETY is NOT prepared for such a sweeping changes. Rural India is not progressed so much so to have such a new ground be added.)
Hence rest in peace.
Only amendment to Section 13B (mutual consent divorce) in both laws hindu and special marriage act would go through!!!!
The proposed amendment to section 13B is really appropriate and logical improvement (if one of the two spouses backs out in 'second motion' of MCD, then other spouse is really in a fix. Hence this amendment is OK.)
But inserting Section 13C or subsequent changes has NO standing and NOT a need of the hour as well.
If Section 13 C is inserted. It would make around 1 lac lawyers jobless all over India !!!!
IRBM wipes out all the other type of litigation in family court.
Absurd part is that "Respondent is made to carry the burden to prove that MARRIAGE IS NOT YET BROKEN IRRETRIEVABLY!!!! What the hell is this??????
If wife says marriage broken and she is living separate for 3 years ........... done from her side!!! No lawyer needed!!! share in property would also become straight demand.
Husband would end up either proving that marriage isn't broken or else concede without fight that marriage is broken..... This is not a good law!!!!! it is unconstitutional and encourages females to commit misconduct.
If Section 13C gets inserted in the law ... then take the word that whole institution of marriage as much as it is surviving today also would get demolished irreparably.
So this is a law which should be called as a Irreparable breakdown of Indian family Structure/Family Institution Law.
DV Act Buster (CEO) 19 February 2014
@ Damayanti.....this bill is going to be presented by Kapil Sibal. He is very aggresive and not open to any suggestions, opinions or protests from the opposition. He will be backed by Renuka Chowdhry who is a known man hater. these people are hell bent on passing this bill by hook or crook just to get political benefit out of it. They dont care about the consequences or implications of this most ill-conceived law. This bill will actually hurt women much more in the long run.
Jamai Of Law (propra) 20 February 2014
Damayanti ji ... Sooo correct you are!! ............... you couldn't be correct any further.
Please oppose this bill or to the least put pressure on lawmakers NOT to make these amendments such as S.13C retrospectively applicable TO THE LEAST !!!
The proposed bill (proposed addition of S. 13C etc) is not based on 'Irretrievable breakdown theory'
The proposed bill (proposed addition of S. 13C etc) is not based on 'Irretrievable breakdown theory'
The proposed bill (proposed addition of S. 13C etc) is actually based on ... 'Nervous breakdown theory' !!!
Time factor of 3 years alone is proposed to be made as an indicator of breakdown of marriage!!!! How ridiculous it is!!!!! It would sweep the rural India into turmoil!!!!!
On top of it, in the porposed S.13C and thereafter :- Burden of disproving that 'Marriage is NOT broken irretrievably' is shouldered on Respondent!!! .. else it is presumed that marriage is broken down vide separation of 3 years merely!!!!!
Absolutely ridiculous!!!!!
Hang the person whoever drafted this proposed insertion as S.13C and thereafter clauses in this Bill !!!!!!
Please somebody convey this message to lawmakers sitting in opposition, and opposition parties and BJP and communist parties as well!!!!!
(i) All bills pending in Lok Sabha at the time of dissolution whether originating in the house or transmitted to it by Rajya Sabha, lapse;
(ii) Bills passed by Lok Sabha. But which have not been disposed of and are pending in Rajya Sabha on the date of dissolution, lapse.
(iii) Bills originating in Rajya Sabha, which have not been passed by Lok Sabha but are still pending before Rajya Sabha, do not lapse.
(iv) A Bill upon which the Houses have disagreed and the President has notified his intention of summoning a Joint Sitting of the Houses for its consideration prior to dissolution, does not lapse, and may be passed at a Joint-Sitting of both houses, notwithstanding that dissolution has intervened since the president notified his intention to summon the joint-sitting of the houses.
(v) Bills passed by both the Houses and sent to the Preside t for assent do not lapse on dissolution of Lok Sabha.
(vi) Bills returned by the President for reconsideration do no lapse and can be reconsidered by the successive House.
(vii) All other business pending in Lok Sabha viz. motions, resolutions, amendments, supplementary demands for grants etc. at whatever stage, lapses upon dissolution.
(viii) Petitions presented to the House, which stand referred to the Committee on petitions, also lapse on dissolution.
(ix) Motions for approval or modification of statutory rules passed by Lok Sabha and transmitted to Rajya Sabha for concurrence and vice versa also lapse on dissolution of Lok Sabha.
(x) Pending assurances do not lapse and are considered by the Committee on Government Assurances of the new Lok Sabha.
According to this the marriage amendment bill if not passed in this session will lapse...see point no (i)
pls correct if i m wrong
DV Act Buster (CEO) 22 February 2014
Where and how can we confirm that the marriage amendments bill is lapsed or not ? @ Experts please comment....
dinesh kanchi (manager) 22 February 2014
Can experts put light on this topic and status?
Balaji (Self) 23 February 2014
Hi All,Is this bill passed or lapsed? Please advise.
fighting back (exec) 23 February 2014
Hi users, really no source to get any update on the topic, since the last session of the loksabha is over, the bill will surely not be debated, it remains now unclear, that since the last rajsabha passed the bill, will the new government only debate it in the loksabha, or will it have to be debated again? it is a matter of parliamentry rules laid down. only a constitutional expert can comment on this topic.........
fighting back (exec) 24 February 2014
as per the following news item, which is similiar to the fate of womens reservation bill hanging in loksabha.........in all probability, if the two scenarios are matched, then this bill too will have to begin from scratch.................
https://timesofindia.indiatimes.com/india/Womens-bill-will-have-to-start-from-scratch-again/articleshow/30875044.cms
fighting back (exec) 24 February 2014
............so as per @Being cheated views.........this bill is going to lapse in all probability.............
No Woman No Cry (govt) 04 August 2014
Any further news on this proposed draconian law?