Wednesday, May 1, 2013

Save Indian Family protests at PM house against proposed Hindu Marriage Act Amendment on wife's rights on Husband's inherited property

Save Indian Family protests at PM house against proposed Hindu Marriage Act Amendment on wife's rights on Husband's inherited property. The protesting activists at 7 RCR, PM house, where the meeting was being held were arrested by Delhi Police and taken to chankyapuri police station where they were later released after about one and half of detension

Brave MEN/HUSBANDS do not tolerate injustice



Marriage Laws (Amendment) Bill referred to GoM

The controversial Marriage Laws (Amendment) Bill was on Wednesday referred to a Group of Ministers after differences cropped up over clauses dealing with a woman’s right to marital property in case of divorce.

The Union Cabinet, at a meeting chaired by Prime Minister Manmohan Singh, deliberated at length on the proposed legislation but failed to arrive at a consensus and the matter was then referred to a GoM.

The Law Ministry had suggested that a woman be given a share in residential property of the husband, including inherited and inheritable premises, in case of divorce.

The Ministry of Women and Child Development has suggested that a woman’s right to inheritable property and property acquired by the husband before marriage be kept out of the purview of the law.

The ministers discussed the amendments for over two hours during the meeting of the Cabinet.

“When thinking men and women present different opinions, different opinions do not mean difference of opinion,” Finance Minister P. Chidambaram said when asked whether the Cabinet was split on the matter.

“Views are expressed in a Cabinet and after expressing views, the Prime Minister takes the final decision. In this case the matter has been referred to a Group of Ministers to look at one or two clauses of the Bill,” he said.

The GoM would examine the clauses over the next few days and the Bill will come back before the Cabinet, he said.

Even as the Cabinet was discussing the matter, a small group of protestors shouted slogans against the Bill outside the Prime Minister’s official residence.

They were rounded up by the police and taken away from the high security zone.


Ministries differ over divorcee’s right to inherited property

01 May 2013

NEW DELHI: Sharp differences have emerged within the government on a woman's right to marital property after a divorce. The law ministry has mooted amendments suggesting that a woman should have a share in a residential property acquired by the husband bought not only during or before marriage, but also inherited and inheritable property. In contrast, the ministry of women and child development (WCD) had recommended that property acquired before marriage or that is expected to be inherited should be excluded from the purview of this law.

The Marriage Laws (amendment) Bill is likely to be taken up for the Union Cabinet's approval on Wednesday. This is the second time that there has been a difference in opinion between the two arms of government. The two ministries had also clashed on the issue of lowering the age of consent in the anti-rape legislation. While the law ministry sought lowering the age of consent to 16 years, the WCD ministry was opposed to the move mooting 18 years as the age of consent.

According to sources, the WCD ministry had argued that there would be practical difficulties in implementing the law that could work against the woman's claim to marital property. The ministry had, therefore, suggested that a woman seeking divorce should not have claim to property that has been acquired before marriage or that which is "inheritable" (expected to be inherited.)

The government also proposes to redefine the phrase 'residential property' to include not just the residential house but also other properties acquired by the husband. In case, others, besides the husband, also have rights in the inherited property and it is impractical to divide it, the wife would have the right to receive an equivalent amount of money in place of her share.

The wife would have an equal share in the property regardless of whether it was acquired before or after marriage and regardless of whether it is only in the husband's name or held jointly.

The changes in the Bill have been brought after considerable pressure from civil society as well as members of Parliament.

The government had earlier introduced the amendment bill in order to alter the Hindu Marriage Act, 1955, and the Special Marriage Act, 1954, providing the option of divorce on grounds of 'irretrievable breakdown of marriage' as a ground for divorce.

The government also for the first time introduced a legislated right for the wife to a share in the movable and immovable residential properties.

Conflicting views

Law ministry: woman should get share in marital residential property acquired by husband, partly or jointly owned, before, during marriage. She also has a right to property inherited or inheritable.

WCD ministry: woman's claim to property bought before marriage or inheritable should be excluded.

Union Cabinet likely to take up the issue on Wednesday