Stronger claim on marital property for women?

NEW DELHI: Women could stake claim to marital property even if the property is not in their name if an amendment to matrimonial laws is accepted by the Union Cabinet. The government has proposed amendments to marriage laws that include allowing courts to decide on how property acquired during marriage is shared and powers to waive a six month period of staying together before divorce can be granted in cases where the separation is by mutual consent.

The amendments, likely to come up before the Union Cabinet on Thursday, will also give adopted children the same rights as natural-born children.

The Marriage Laws (amendment ) bill seeks to amend the Hindu Marriage Act, 1955 and the Special Marriage Act, 1954. The amendments are based on the recommendations of the standing committee on personnel, public grievances, law and justice, headed by Congress leader Jayanthi Natarajan.

CHANGING RULES

Adopted children will have same rights as normal children Judge can waive or reduce 6-mth period of staying together before divorce is granted Judge can decide how property acquired after marriage is to be disposed of. He can decide amount either husband or wife would pay to get right over the property
Property clause may irk women’s rights groups

New Delhi: Amendments proposed to marriage laws by a parliamentary committee may raise the hackles of women’s rights activists, as the panel leaves it to the courts to decide on share in property in case of a divorce.

The standing committee headed by Congress leader Jayanthi Natarajan had recommended that the government make adequate provisions in the matrimonial laws to ensure that courts at the time of divorce can decide upon the women’s share in the matrimonial property, to which they have contributed during the marriage.

“This is less than a half measure, and requires widespread discussion with women’s groups,’’ women’s rights advocate and former law commission member Kirti Singh said.

Studies have shown that in 80% cases, women have no place to go to after a divorce and live with their parents. “Women should get half or more of the share of matrimonial property because they have contributed to it. They have no resources to take care of children and the aged and that must be kept in consideration ,’’ Singh said.

Women’s activist Kalyani Menon Sen too expressed concern over the amendments, “There have been a large number of brilliant judgments but there is a huge section of judiciary that can be extremely anti-women and patriarchal. We have seen some examples of appalling moral policing and we can’t depend in the judiciary to be even-handed always.’’