New Divorce Clauses: More Security To Women

By Author: Ankush Singhal
Total Articles: 173
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With more power to women, the government of India has come with crucial changes in the divorce laws. The continuous demand of women activists in the country asking for more rights to women in cases of divorce made the government come with these new amendments.

One of the important changes in the divorce law made is that after divorce, women will get half the share in the residential property of her husband. The possession of the property may be during or before the marriage. The Union Cabinet passed this historic amendment on 17th May 2012. The movable and immovable property owned by the husband and the share of wife after the divorce depends on the judge’s judgment.

Another change in the divorce law is that Union cabinet has allowed getting clear of the cooling period in cases the divorce is due to mutual consent. In divorce cases, the court gives a six-month cooling period. This cooling period is waived off if the wife and man agree with divorce mutually.

These divorce amendments falls under the Marriage Bill, and comes under the Hindu Marriage Act of 1955. This new bill have also have allowed irretrievable ...
... breakdown of marriage as a reason for divorce.

After so many years of formulation of marriage laws, this is the first time a woman’s share is mentioned. Earlier, in the marriage legislation laws, women’s share in case of divorce is not mentioned. With this new amendment, the wife’s property share is recognized. However, others things like alimony and compensation are still left at the discretion of court.

According to the sources, this new property right will allow wife ownership of 50% of husband’s property, even if it is owned before marriage. This new amendment ensures that woman will not be roofless after divorce. Even if the divorce happens through mutual consent, women in the country will receive half the property possessions in the name of husband. Money and other assets of the husband depend on the judgment of court.

These new amendments have pleased many, but some activists are still not happy with the bill. Some feel that this new divorce law is biased against women. Even if the Union Cabinet has cleared this bill, some activists feel that this law still compromised rights of women after marriage and divorce.

The activists feel that only share in residential property of husband after divorce is unfair. Not just residential property, but women should have right to all the property brought by husband during the period of marriage. Some feel there are some changes, which are not enough to protect the interests of women. This should not be termed as pro- women legislation by the cabinet.

This law also has mixed reactions from the public. Some feel that this law is strict on the part of husband. Giving 50% of residential property to women, even if brought before marriage is bit unfair. Some also feel that with this new law, many women and their families may misuse. However, many liked the new amendment. The new changes in marriage act will only empower the women and ensure here protection in cases of divorce. Giving equal share to the women in residential property is well deserved.