Shantaram Naik, Rajya Sabha member from Goa and chairman of the Standing Committee on Personnel Public Grievances, Law, and Justice, has said it would be advisable to make applicable the provisions of the law prevailing in the State in the matter of property distribution while disposing of divorce matters under the Hindu Marriage Act and Special Marriage Act.
Mr. Naik told The Hindu from New Delhi on Sunday that while initiating the debate on behalf of the Congress in the Rajya Sabha last week on the Hindu Marriage (Amendment) and Special Marriage (Amendment) Bill, he made this suggestion.
Mr Naik said the government's proposal to amendment the two Acts to include the additional ground of divorce, namely of irretrievable breakdown of marriage was the need of the hour. It was true the government, as per the recommendation of the Standing Committee report, proposed to give discretion to the court to order financial assistance or share in the property to be given to the wife as may be deemed fit.
But he felt that instead of giving discretion to the courts, it was advisable to import Goa law into the Bill (provisions of Portuguese Civil Code), under which a definite share goes to the wife upon marriage. He recalled that Najma Heptullah of the BJP intervened to support his views.
Mr. Naik said he tried his best to allay the fears of the MPs that the Bill was anti-woman. The new ground of irretrievable breakdown of marriage avoided long trials where character assassination of the woman was done in courts.
Under the proposed law, any of the spouses could file for divorce after he or she satisfied the court that they had lived separately for three years and that there was irretrievable breakdown of marriage. In such cases, there was no scope for allegations, Mr. Naik pointed out.
Mr. Naik said the government had not brought in the Bill simply because the Supreme Court had recommended the same or because a similar law existed abroad. Advocating his plea for including Goa provisions, Mr. Niak said that during the debate, Leader of the Opposition Arun Jaitley had the basic objection to the new ground basically because the Bill did not make substantial provision for the wife.
Mr. Naik said that what Ms. Heptulla said needed to be carefully examined. She said the Bill required that husband and wife should live separately for three years before applying for divorce under the ground of irretrievable breakdown of marriage but in India men lost their jobs and sometimes returned to their wife after three years and such cases needed careful scrutiny.
He was happy that the Union Law Minister had sought time of the House to reply to the debate and come out with some amendments.
Keywords: Hindu Marriage Act, divorce laws
Everybody is thinking husbands will suffer, actually wife will suffer the most ,in true sense,this new amendment is going to help the party who is dishonest. In Indian society, the daughter in law has to provide her services to in laws, most of the disputes between husband and wife is created by mother in laws and sister in laws,the husband may even file for divorce since he is unable to adjust with both the parties equally.How irretrievable breakdown concept will be applicable when there are so many people between husband and wife,in western countries it is only husband and wife and that too marriages are love marriages. But in India most of the marriages are still arranged..and atleast for the initial five years husband wife hardly get chances to get closer.A request to honorable law minister to consider all these matters,this new amendment is going to finish many girls' lives. And how law will provide financial security to woman,how 50% share in immovable property will be applicable, in India most of the properties are joint properties and in mother in law's or father in law's name,the girls side never see how much property is in the grooms name,the daughter in law go to her in laws house,provide her service to all and if they do not like her they simply through her out,and claim the house is not in her husband's name.According to 2005 DV act the girl can stay in her matrimonial house but practically very few relief for the girls who are real victims ,may be it has become a relief for those who wants to misuse it.I have seen instances when girl is thrown out of the house and struggling like anything to prove that her husband has bought the house in his mother's name.Frankly speaking no monetary relief will be given and husbands will get divorce decree.No fault divorce itself is injustice.we should not fight what man is going to get or what woman is going to get.This bill is going to kill who is innocent,why a spouse will opt this clause because he or she can not find any guilty in the spouse.punishing the innocent is injustice.
It is very sad,why government is so keen to destroy the Indian society, marriage is not all about money.the dishonest spouse will take advantage of irretrievable breakdown concept,if the marriage is already broken definitely the couple will go for mutual divorce.then what is the use of this new amendment. rich man will find advantage to leave their wife for younger woman,no fault divorce will completely destroy the Indian society.Men are very clever to buy properties in family members name if he wants to do it strategically.who will define a dead marriage? men intentionally will desert wife for younger woman and after 3 years claim the marriage is dead,will pay her huge amount or property,is this justice.why our government is so desperate to break the homes,and if it becomes a law,what is the use of marriage,even if in live in relationship the law protects the woman in monetary terms.is marriage is only about money.Please save marriages.In India,still marriages are arranged,most of the marriages are broken for mother in law and sister in law,how irretrievable breakdown will be applicable when husband wife do not get enough time to spend together. The culprit will be rewarded for her/his misconduct. The person can take the benefit of his/her own default. irretrievable breakdown is different from conventional jurisprudence on divorce, the person who is innocent will be punished,the person who cause the default can ask for the divorce. Moreover,Suppose,husband purchases the property in mother's name,who will prove the property belongs to husband,other siblings will also claim (just to show that)the share in property.This is very common in Indian society,where the wife will go when the husband shows he does not have any residential property in his name. How three years separation can be considered,if husband works outside India and do not come back to wife.
This law is retrogressive and it will shake the very basis of foundation of marriage institution in India.
In today's age when women are doing very well in every sphere including education, jobs this law is oppressive for the male Community. When there should be parity between male and female why does women has to look into the share of Mes's property that he has acquired through his hard means when she can very well take care of herself and do a job?
When guys can't ask for dowry , how can women ask for dowry instead are they so helpless they can't work independently and sustain themselves, with this law guys will chose not to marry and if they agree to marry then women has to share 50% of every financial investment the family has to make .
This law will be abused and is ill thought and will shake up the foundation of marriage as Guys will think 100 times before getting married to someone
This Marriage laws Amendment Bill should have been passed a lot earlier. Wife must have 50 % share in all the immovable properties of husbands whether it is self-acquired or inherited and whether it is residential or commercial or agricultural. A wife must have 50 % share in all the immovable property of husband. And, there should be much better maintenance for wife and there should be a good mechanism to ensure that the wife gets maintenance without facing any difficulties. And, cooling off period should be removed. And, all such cases should be finalised within 6 months. I will appreciate the Indian Government for making it a law. Indian Government is doing a very good job to bring this law.
As if 498a and DV Act were not enough that they need more protection. How is the ministry proposing that this amendment would not be misused like 498a and DV or are they just interested in creating a vote bank. Wake up dear minister
Three years period for wait for divorce, when incompatibility steps is too long a period. If talaq can be given in no time, why Mrs. Heptulla want three years wait period is not understandable.Since courts are to grant divorce, on application, the time factor should be left to the Judges deciding the case rather than statutorily fix a period.
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