Tuesday, July 23, 2013

Hindu marriage amendment : IF you are a Hindu, have a house & a son, give up one of them. U decide which. having both is recipe for disaster..


The new Hindu marriage amendment bill inter alia states that (a) Irretrievable breakdown of marriage is allowed and (b) only woman can oppose it and (c) when women oppose it they have to be provided compensations / assets etc etc

The relevant portions of the bill are enclosed below

People who are reading this blog or other blogs would have also noted how parental property is going to be included in Husband's property for the purpose of deciding the woman's share !! , meaning the newly wed wife automatically can seek a share in husband's father's property and other ancestral property though she has NOT contributed anything to the same 

Needless to say, IF you are a Hindu, have a house &  a son, give up one of them. U decide which. having both is recipe for disaster..

Relevant sections / amendments as taken from here (slightly old !! ) 

Irretrievable breakdown of marriage : '13C (1) A petition for the dissolution of marriage by a decree of divorce may be presented to the district court by either party to a marriage [whether solemnized before or after the commencement of the Marriage Laws (Amendment) Act, 2010], on the ground that the marriage has broken down irretrievably.

and


ONLY wife can oppose divorce :  13D. (1) Where the wife is the respondent to a petition for the dissolution of marriage by a decree of divorce under section 13C, she may oppose the grant of a decree on the ground that the dissolution of the marriage will result in grave financial hardship to her and that it would in all the circumstances be wrong to dissolve the marriage.  

2) Where the grant of a decree is opposed by virtue of this section, then,—

(a) if the court finds that the petitioner is entitled to rely on the ground set out in section 13C; and

(b) if, apart from this section, the court would grant a decree on the petition, the court shall consider all the circumstances, including the conduct of the parties to the marriage and the interests of those parties and of any children or other persons concerned, and if, the court is of the opinion that the dissolution of the marriage shall result in grave financial hardship to the respondent and that it would, in all the circumstances, be wrong to dissolve the marriage, it shall dismiss the petition, or in an appropriate case stay the proceedings until arrangements have been made to its satisfaction to eliminate the hardship.
 .

Compensation : 13E. The court shall not pass a decree of divorce under section 13C unless the court is satisfied that adequate provision for the maintenance of children born out of the marriage has been made consistently with the financial capacity of the parties to the marriage.