Marriage Laws (Amendment) Bill 2010-Key Concerns by Men’s Right Organisations

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Original Draft of Amendment (Key Points) – Biased against husbands

  • Introduction of “Irretrievable Breakdown of Marriage as another Ground for Divorce” in Hindu Marriage Act, 1955 and Special Marriage Act, 1954.
  • Wife can oppose the petition filed by Husband on the pretext of “Grave Financial Hardship”. Court can allow appropriate arrangements to its satisfaction to eliminate hardship. (Biased against Husband)
  • Adequate provision for the maintenance of children born out of wedlock as per financial capacities of the parents.

Parliamentary Committee  – Biased towards women organizations recommendations

  • Recommended to the addition of “Irretrievable Breakdown of Marriage as another Ground for Divorce”.
  • Based on recommendations of women organizations, wife be given the share in matrimonial asset/property in which they have contributed during the continuance of marriage.
  • Ignored all recommendations by Men’s Organisations

Further Amendments moved by Law Minister – Anti Men provisions unfairly introduced

  • Share of wife in husband’s asset/property acquired before and after the marriage.
  • Share of wife in husband’s inherited and inheritable ancestral property.

Our Objections

  • There is no contribution of wife in the ancestral property and property acquired by husband before marriage. It should be kept out of the purview.
  • Division of assets/property of husband acquired during subsistence of marriage should not be blindly followed. Contribution of wife should be carefully evaluated. Two months of marriage cannot be treated on the same footing as 20 years marriage.
  • This is a logically flawed amendment. Women can break the marriage and remarry several times to get property share from each of the previous marriages. There are already several cases of unscrupulous marrying several times and slapping false IPC 498A to extort money.

Implications of the Amendment

  • Our wide experience while handling matrimonial disputes clearly shows that, most of the marital breakdowns are wife seeking husband’s/in laws property.
  • Marriage will lose its sanctimonious purpose and become property acquiring business. Already, there is an increasing trend towards material expectations in a marriage; the amendment will have a far reaching consequence.
  • It is established trend that, in failed marriages women are grossly misusing IPC 498a and DV Act for extortion. This amendment will be another tool
  • Assets/Properties are acquired after years of hardwork and not because of few years of matrimonial life. Losing hard earned property in case of failed marriage will lead to increase in Husband Suicide (already it is double) and Increase in Crime Rates.

Our Recommendations

  • Roll back the amendments in present form. Make law gender neutral, replace the world Husband/Wife with Spouse.
  • Share of property should be claimed as per the financial contribution by husband and wife.
  • In case of non-financial contribution, devise a formula to evaluate minimum duration of marriage for applicability of property division as well as devise a formula to evaluate the contribution.
  • Legalize Pre-Nuptial Agreements.

There is an increasing concern that in cases of broken marriages women faces grave financial hardship. Marriage is an institution which if it does not work should not be a punishment for one party (husband) and a reward for another (wife). If a woman faces grave financial hardships, adequate measures should be devised to address it, instead of penalizing innocent husband. We recommend:

  • Hindu Marriage Succession Act of 2005 be strictly implemented. The woman’s share in her parent’s property should be Suo Moto given to her either at the time of marriage or at the time the petition of Divorce is filed in the court (by either party).
  • State should take the responsibility of distressed women by creating a Welfare Fund.

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Comment(s): 1:

  • on 14 January, 2016 08:14:05 AM
    मुझे मेरी पत्नी सास ससुर मौसी-मौसा ससुर और मामा ससुर
    द्वारा प्रताड़ित किया जा रहा हु...मेने परामर्श केंद्र से भी विनती की है पर उसका कोई असर उन पर नहीं हो रहा हैं...और मुझे धमकी मिल रही है की सारे परिवार को को बर्बाद कर दिया जायेगा। दीदी जीजाजी माँ पिताजी और मुझे फसाया जा रा हा झूठ केस डाला जा रहा है और मेरी पत्नी को उसके पापा जबर्दस्ती ले गए और मुझे धमकी दे रहे है। मुझे मानसिक रूप से परेशां न किया जा रहा हैं मेरी सहायता करेpleaed....please...