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Law Querier (Service)     18 July 2013

Seeking suggestions (marriage laws amendment bill)

Wife wants divorce. Earlier, Husband did not want divorce and wanted to reconciliation with wife. Husband has tried very much for reconciliation with wife, but wife is not ready to live with husband. so, husband has to go for mutual divorce and entered petition in family court u/s.13B. There is no property will made by husband’s father. Husband has one brother and one sister. Now, husband does not want to give inherited or inheritable property to his wife after divorce under any circumstance according to new Marriage Laws (Amendment) Bill, 2010.

Que-1.Can wife still entitle to get share of father-in- law’s property after divorce if husband’s father legally breaks the relation with his son (husband) in this stage, gets out husband from his house and gives property on name of other son (husband’s brother) and daughter (Sister of husband) in his property will?

QUE-2: Is that good trick if husband withdraw his consent from MCD and contest the divorce filed by wife and keep continue the case long time or file R.C.R. after withdrawal in MCD but, not do divorce with wife ?

Que-3: Is there any escape route if husband does not want to give inherited property share to his wife after divorce in this case?

 



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 2 Replies

Have a Heart Foundation (Sales & Mktng)     18 July 2013

 Any law that is Gender specific is a BAD LAW !! The future generations will have to bear the worst consequences of such laws.

Suggestion for Amendments

1) The Word Husband / Wife be replaced with SPOUSE 

2) (Lock in period) The spouse who has had matirmonial relationship of atleast 7 years shall be entitled to Co-ownership Property Rights.

3) Son-In-Laws too shall be included in the rights to ancestral properties. 

rockey.iitkgp (kk)     19 July 2013

sir, my 498a case is still pending and interim maintanence order has been given by the court, now i heard about this irbm and my mother is worried about this too, bcoz she owns a property and after her the property will be mine. sir my question ...

1-  if this law is passed can she claim my mother property if it is not transfered in my name.

2- can my mother officially make me out of this property to save her property , and after i get divorce can my mother again wish to gift her property to me.

3.- is it good if i marry another women without giving divorce to my X wife , and if my X wife files a case against me that i m married can i say this to court that the women stays with me with mutual consent (we are living toughter but not married).


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