Women to get a share in husband's property in case of divorce


Amid the Opposition demand to make divorce more women-friendly, the government on Thursday approved fresh amendments in a Bill pending in the Rajya Sabha, to give the wife a clearly-defined share in the husband's immovable residential property.

A meeting of the Union Cabinet, chaired by Prime Minister Manmohan Singh, took up new amendments to the Marriage Laws (Amendment) Bill introduced in the Rajya Sabha earlier this month.

The government also decided to retain the mandatory six-month cooling-off period, which the Bill had proposed to do away with, in case of divorce with mutual consent. However, to waive the cooling period, both the parties will have to move the application together.

“In other words, the application to reduce the period can't be moved by one party,” sources said after the meeting.

Once the divorce is granted, the woman will have to move an application to get a share in her husband's property, as part of the settlement.

Keeping in mind the demand of the Opposition, it has now been decided to give the wife and children a clearly-defined share in the husband's “immovable residential property” in case of a split.

Sensing the mood of the House, Law Minister Salman Khurshid had deferred his reply to the Bill on May 2 in the Upper House.

“The amendments clarify and amplify provisions to be made in case of divorce,” the sources said.

The Law Ministry Bill seeks to further amend the Hindu Marriage Act, 1955, and the Special Marriage Act, 1954. Members of various parties felt the Bill was being brought in haste, and its spirit went against the interests of women, and feared they wouldn't get their rights, if divorce was made easier.

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Printable version | Dec 15, 2017 6:38:34 PM |