New divorce law

Dear Ashok,

She will be eligible only out of the share you receive.But she will have an outright share only on the property owned absolutely by you.

In India, 99 out of 100 marriages become successful. Only 1 per cent or less than one percent face rough weather.  In all the successful marriages, both husband and wife adjust themselves and find the way to come out of their differences.  In the remaining one per cent failed marriages, substantial number of marriage are resolved by way of MCD for various reasons-one reason being that both are young and do not waste time in litigation and the other reason is inordinate judicial delays, which will break both the parties.  In the contested cases, the outside world will see these contests as wife versus husband and not as women versus men as a class.  In some cases there will  be fault with husbands and in some cases fault will be on the other side, wife. So, while deciding matrimonial disputes, the courts will evaluate the facts case by case.  But here in this forum people demand the court to generalize the issue and consider it as male gender versus female gender.  That will be not so.  If you put your foot in family court, you can see that wife is accompanied by the opposite gender - her father, brother etc. similarly the husband is accompanied by his mother, sister etc.  On both sides, the court will see the mixure of men and women.  so, the matrimonial dispute is not a conflict between the genders but differences between that particular husband and wife.  In the male dominated society comprising of 50% men and 50% women, substantial portion of  (about 80%) immovable and movable properties are under the control of men,  legislatures, bureaucracy and judiciary are under the control of men.  So, if any one or any organisation will give a call for uniting men against women or women against men that call cannot become successful, because every man involved in divorce case may hate his wife bugt likes some women ( his mother, sisters and girl friend) and every woman involved in divorce case may hate her husband but likes some men (father, brother, would be husband etc.).  So all these slogans, organisations, tyranny, revolutions are empty rhetoric and futile exercises and at the end, common people do not like to fight against opposite gender and in fact they love the opposite gender and make adjustments for the sake of peace.   

Sir, if the new law  of the 50% is passed, will it get earlier divorecee lady, can she reclaim and show that she is not satisfy with earlier received of one time alimony.

pls advise. Thanks

Ms. Heral,   if the law is applied retrospectively, then, I think, you can apply for your share.

But, if that is not so, you can remarry a rich man and divorce him and get 50% share of his property (easy way !!!).

Ms. Heral, if the law is applied retrospectively, then, I think, you can reclain your share.

But, you can remarry a wealthy man, then divorce him and get 50% of his property (easy way !!!).

Hi all,

I got married by this Mar 2012,i spend the entire amount to my marriage . i never expect any of dowry or any things while the time of my marriage form my wife  family  , now also iam in the same mind.
but now my wife and her family are expecting the some gold chain or ornaments  from mine for her .
while you reading this , definitely u will laugh. & some other expectations are as follows.

* she expecting to spend some maintenance amount to her family from mine.
* she wants to go her home for each and  every month.
* each and every day we got the type of harsh conversations due this expectations.



My assumptions:

   * I am very frustrated with this silly expectations ( like  Gold chain , maintenance amount ) from the very first month.
   * I decided to apply for a divorce due to these expectations , bcoz after 5 or 10 years i am not able to predict
     what are they (my wife & her family) expectations.
   * I am not sure whether divorce will do the favour for me.
   * she is not willing to work .
   



Any of one pls guide me what i need to do for this type of issues & complications ...

Thannks in advance,

Trust me Heral, as a third person i can see that you have Greedy objective.

Best suggestion(considering i have opinion to make) is to let him go and you focus on how you make your life better without him or without his maintenance.

see so far that law has not passed and you are waiting for the it to ammend.

why to itch your head in asking for share and all....and on top of it legal proceeding and more head aches.

Concentrate on present life and look forward and walk...I am sure you will succeed as a person.

you know the way i see the law is securing women or divorced wife so to say, may be some year you will see more better law for wife maintenance will come. than do you think you will put yourself in legal stuff to get that benefits, If YES than i must say that in this life you have only objective of taking from husband as much as you can...but atleast you have wasted life by not concentrating in making life more beautiful

atlast choice is yours!!!

Ms. Heral, if the law is applied retrospectively, then, I think you can claim your share.

But you can remarry a wealthy man, divorce him and get 50% of his property (easy way !!!).

MR . INDRAJIT , I HAD ALREADY DIVORCEE AND IN PAPERS IT IS ALREADY MENTION THAT I WILL BE NOT HAVING ANY KIND OF RIGHTS ON HIS PROPERTY AND I GOT ONE TIME SETTLEMENT.,SO WHETHER THIS AMENDMENT WILL ALSO  BENEFACRIE TO DIVORECEE WOMEN.PLS ADVISE.

HERAL AND INDRAJIT,

I HAVE ALREADY GIVEN IN MY EARLIER ANSWER AT THE START OF THIS THREAD,THAT HIS AMENDEMENT IS NOT APPLICABLE TO THE PENDING OR ALREADY DISBURSED CASES.

MR. SAINATH DEVALLA, Thanks  for Reply.

In my last reply there was a typing error.It should be read as this amendment

thanks Mr.Sainath for ur reply . 

But I have heard that the new amendment is going to be applied retrospectively, to end the thousands of pending divorce cases. ( I am not a law person, so I dont know whether there is any legal problem in applying this amendment retrospectively).

The government decided to make significant changes in matrimonial laws. The amendments include allowing courts to reduce or waive the waiting period of six months before moving a joint motion in case of divorce by mutual consent and making provisions to ensure that women get a share in property acquired during the marriage.

Sources said these changes would be incorporated in The Marriage Laws (Amendment) Bill, 2010, which was introduced in Parliament last year, and which seeks to amend the Hindu Marriage Act, 1955, and the Special Marriage Act, 1954.

The changes were made taking into account some of the suggestions made by the Parliamentary Standing Committee on Personnel, Public Grievances, Law and Justice which had examined the Bill. The re-drafted Bill could be introduced afresh during this session.

In a move to make the process of divorce easier, it is learnt the government proposes to insert “irretrievable breakdown of marriage” as a new ground for parting ways. As for the mandatory six-month cooling-off period, the reasoning was that there was no point in prolonging a marriage where parties are unable to live as husband and wife.

Besides, the Bill gives women the right to property acquired during the marriage. According to the amendments cleared by the Cabinet, while adjudicating on divorce petitions, courts can decide on how much property acquired during marriage is shared.

According to the redrafted Bill passed by the Cabinet, adopted children will also have rights on par with biological offspring of a couple in case the parents go in for a divorce.

Sources said the Bill provides for some safeguards to women to ensure that the “irretrievable breakdown of marriage” clause for divorce is not misused. There is a provision giving the women right to oppose divorce pleas filed by husbands on grounds of irretrievable breakdown of marriage.

The Cabinet has gone in for reducing or waiving off the cooling-off period despite the fact that the Standing Committee had suggested that the existing provisions of law for divorce by mutual consent were fair and reasonable and that the cooling-off period should be retained so as to protect and preserve the institution of marriage.

NOWHERE RETROSPECTIVE DATE IS MENTIONED

Hello Sainath,

Does this mean, wife can claim on the property which has been bought during marriage? she cannot claim on the property which has been puchased before marriage?