Wife has right to ex-hubby’s inheritance
Himanshi Dhawan TNN
New Delhi: A wife will get a share in her husband’s inherited or inheritable marital property on divorce, though the exact quantum of the compensation has been left to the discretion of the judge, according to a legislation cleared by the Union Cabinet on Wednesday.
The Cabinet also cleared the proposal that in cases where divorce has been sought on mutual consent of both parties, the judiciary has the discretion to grant a divorce to one party after three years, even if the man and the wife are no longer on the same page.
Proposal to give wife equal share in marital property moderated
New Delhi: Recommendations of a GoM on Marriage Laws Amendment Bill will now be amended suitably before being brought to Parliament during the monsoonsession, beginning August 5.
By not quantifying the amount of compensation, the government has moderated its earlier proposal to give a wife “equal” share in marital property. The ministers felt that a judge could decide on the quantum of compensation after taking into account an entire set of considerations such as the disposable income of both the husband and wife, conditions like who will bear the primary responsibility of raising the children and claimants on “inheritable property”.
The proposal to give a woman share in “inheritable” property had run into rough weather in May because of a conflict of opinions within the government.
Source:::: The Times of India, 18-07-2013, p.01. http://epaper.timesofindia.com/Default/Client.asp?Daily=TOIM&showST=true&login=default&pub=TOI&Enter=true&Skin=TOINEW
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