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tonyjames (lead engineeer)     02 February 2013

Questions about new marriage amendment law

My Questions are about Marriage Laws (Amendment) Bill, 2010 which the cabinet approved recently?

1)Is it only applicable for Hindu marriage act (HMA)  and special marriage act (SPA) or all mariiages in India?

2a) I think there is clause which says Wife will get a share  (50%) in all residential properties of husbandin the event of divorce is it applicable for all marriage acts or only for HMA and SMA?

2b) what is the rationale behind this clause? On the event of marriage a person (husband) is giving right on his biggest asset (in many cases) to another person (wife), Is not this equivalent to dowry from men to women?

2c) alsi I heard that  debt of husband wont be considered only asset will be considered for splitting with wife.

       Is it true?

2d)I feel that this clause is a dangerous tool in case of motivated women whom can use this aganist their husbands? How men can take a preventive act in such cases?

  ex 1) A Motivated women marry  a peson for a week and seeking divorce on ground of irretravable Break down. taking his house and money and after she live as she wishes on husbands hard earned money?

   ex    2) wife threatens husband  saying You help by brother/father  in business with your money or I seek divorce in which cause u willl lose more money?


3)I herad Adultery by women is no longer punishable but by men it still punishable . Is it true?

   Again what is the motive behind this clause?

4)From when this act is in efffect. Does Lokasabha need to pass this bill or is it already in effect ?
 



Learning

 7 Replies

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     03 February 2013

you should contact a lawyer personally, you can easily bear lawyer's consultation fee

(Guest)

Cant tell prepare food, cant tell we go out together, cant tell be nice to me, cant tell lets make love, you not proper, your work not proper, your timings not proper, you dont know to cook, for all this why one should get married?


What point in getting married?

Msk-need -nuetral- laws (self)     09 February 2013

thats why the faith in marriage is being lost, thanks to judiciary and indian law maker( fools) dancing to the tune of women commision, this way they are going to make either women iliterate( because in future mostly men will marry illiterate woman than the so called educated woman) else as live-in partners for short time ( long time it will get status of marriage) or single woman conuntry ( if men hesitate to marry) and less productive conutry ( why should man earn for giving property to a woman) so good, these laws will take woman back to mediveal age.

Nandha (NIL)     10 February 2013

when will this amendment be made? 

 

It is a warning sign for a man to empty his bank accounts if he is  having trouble with his wife. But, the only advantage is that wife cannot intentionally drag divorce case for many years.

 

 

 

Vijay Raj Mahajan (Advocate)     10 February 2013

 

The Marriage Law (Amendment Bill, 2010 that was presented in the Rajya Sabha in 2010 was first approved by the Union cabinet than in 2010. The said Bill was referred to standing committee of the Rajya Sabha that recommended in the month of March,2011 through its report few further ammendment in the original bill as introduced in 2010, these few recommended amendments in the original bill have not yet put for parliamentary discussion till date and unless the complete original bill and recommended amendments is put for parliamentary discussion, passed by both houses of the parliament and assented by the President of India to be made law of the country, its mere waste of time discussing this in any forum like this one.

 

The Original Bill of 2010 was for ammendment of both Hindu Marriage Act,1955 as well the Special Marriage Act,1954 and no other Matrimonial Act relating to other religions like Christians and Parsis and any ammendment if any is passed will be in these two above named Acts only.

 

The 50% Share of Wife in the property of Husband in case of divorce is an open issue not yet put on Parliamentary discussion so no comment on this issue.

 

The bill approved by the Union Cabinet is not enough to make the Bill law of the Country it need to be passed by both houses of the parliament and assented by the President of India, this fact every one learned in his/her school in the Political Science/Civics subject and to ask if the Union Cabinet approval is good enough to consider it law of the country is just not I expect a mature person like you should ask here in this forum.

 

I know the Indian public get allured by the Media Report/ Press Report without applying its own mind knowing fully well such reports are more misguiding that educating the general masses. For any further information on the issue relating to Marriage Law Amendment Bill,2010 it is recommended to read the Official Website of Rajya Sabha/ Lok Sabha rather other private websites.

 

 

Vijay Raj Mahajan (Advocate)     10 February 2013

 

The Marriage Law (Amendment Bill, 2010 that was presented in the Rajya Sabha in 2010 was first approved by the Union cabinet than in 2010. The said Bill was referred to standing committee of the Rajya Sabha that recommended in the month of March,2011 through its report few further ammendment in the original bill as introduced in 2010, these few recommended amendments in the original bill have not yet put for parliamentary discussion till date and unless the complete original bill and recommended amendments is put for parliamentary discussion, passed by both houses of the parliament and assented by the President of India to be made law of the country, its mere waste of time discussing this in any forum like this one.

 

The Original Bill of 2010 was for ammendment of both Hindu Marriage Act,1955 as well the Special Marriage Act,1954 and no other Matrimonial Act relating to other religions like Christians and Parsis and any ammendment if any is passed will be in these two above named Acts only.

 

The 50% Share of Wife in the property of Husband in case of divorce is an open issue not yet put on Parliamentary discussion so no comment on this issue.

 

The bill approved by the Union Cabinet is not enough to make the Bill law of the Country it need to be passed by both houses of the parliament and assented by the President of India, this fact every one learned in his/her school in the Political Science/Civics subject and to ask if the Union Cabinet approval is good enough to consider it law of the country is just not I expect a mature person like you should ask here in this forum.

 

I know the Indian public get allured by the Media Report/ Press Report without applying its own mind knowing fully well such reports are more misguiding that educating the general masses. For any further information on the issue relating to Marriage Law Amendment Bill,2010 it is recommended to read the Official Website of Rajya Sabha/ Lok Sabha rather other private websites.

 

 

Msk-need -nuetral- laws (self)     10 February 2013

But I browsed the recent amendment changes, that there is no mention of 50 % share as it was deleted though it appeared to have reported so.


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