RS clears changes to Hindu marriage law

Women Set To Get A Better Deal

TIMES NEWS NETWORK 

New Delhi: In a major step toward making marriage laws more women-friendly, the Rajya Sabha on Monday passed the bill to amend the Hindu Marriage Act (1955) and the Special Marriage Act (1954) that provides for “irretrievable breakdown of marriage” as grounds for divorce and also grants women the right to a share in the property of their husbands. 
    The Marriage laws (Amendment) Bill, 2010, will also have to be passed by Lok Sabha before it can become law. Most Rajya Sabha MPs cut across party lines to welcome the “progressive” bill, though some held that it should have been made more “genderneutral”, while a few others expressed reservations about its probable misuse against husbands. 
    Replying to the debate, law minister Kapil Sibal said there was an urgent need to “protect women rights more” because the Indian society was still quite patriarchal. 
    “So let’s be clear. This historic piece of legislation is a message that MPs are on the side of women in our patriarchal society. Even across the world, women constitute 50% (of the population) but own only 2% of the assets,” he said. 
    The minister assured MPs that the “irretrievable breakdown on marriage” clause was “gender-neutral” since even men could move the court for it. 
    Both parties have to live apart for at least three years before filing such a divorce petition. “Don’t worry, we are taking care of both men and women,” he said. 
    Dwelling on the amendments, the minister said courts would decide the “extent” of the wife’s share in her husband’s self-acquired property, both moveable and immoveable, in case of a divorce. While the wife will have no share in inherited property, its value will be taken into account by court while fixing the amount of compensation or alimony to her. “The judge will decide as per the facts and circumstances of each case,” he said. 
    Earlier, participating in the debate, BJP’s Najma Heptulla criticized the UPA government for not bringing in “one law for all women”. Holding that the country’s “100 million Muslim women” were being ignored by the government, she asked, “Have they thought of any reforms for Muslim women?” 

A KNOT IN TIME 
New bill amends Hindu Marriage Act, 1955, and Special Marriage Act, 1954 Introduces option of divorce on grounds of  ‘irretrievable breakdown of marriage’, 

Gives women right to share in husband’s moveable, immoveable property, 

Gives women right to sufficient compensation from husband’s inherited, inheritable property in case of divorce. 

Courts to decide compensation quantum 

Gives adopted children rights equal to natural born children 
Courts can exercise discretion in granting divorce after 3 years if one partner does not move a second joint application for divorce with mutual consent

Source:::: The Times of India, 27-08-2013, p.09, http://epaper.timesofindia.com/Default/Client.asp?Daily=TOIM&showST=true&login=default&pub=TOI&Enter=true&Skin=TOINEW