New Delhi: Amid the Opposition’s demand to make divorce more women-friendly, the government has approved fresh amendments in a bill pending in Rajya Sabha to give the wife a clearly defined share in husband’s immovable residential property.
A meeting of the Union Cabinet, Chaired by the 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 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.
Cutting across party lines, various members felt that the bill was being brought in haste and its spirit went against the interests of women and feared they would lose their rights further if divorce was made easier.
Husband have no any immovable property in his name. But Husband’s Father & Mother have immovable
properties purchased on their own savings. Husband & wife are going for mutual divorce. They have one
male child 7 years old. What is the right for the lady spouse & their child on the immovable properties after
divorce. If after divorce the Husband purchased any property from his savings, what are rights to divorced wife
& son. please clarify.
She can file a petition in the nearest magistrate court to stay in the house and keep away her husband.
I want to ask that if a woman do not want to leave her husband house but the husband is forcing his wife to leave and get divorce then what are the legal rights of a woman that prevent her from being thrown out without her consent?