NEW DELHI: A wife will have 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 that was 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 been given the discretion to grant divorce to one party after a period of three years, even if the man and the wife are no longer on the same page. These were part of the recommendations of the GoM on Marriage Laws Amendment Bill which will now be amended suitably before being brought to Parliament during the monsoon session, 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 husband and wife, conditions like who will bear the primary responsibility of raising the children and claimants on the "inheritable property."
The proposal to give a woman share in "inheritable" property had run in to rough weather in May because of a conflict of opinions within the government. While the law ministry had proposed an equal share in both inherited and inheritable property, the ministry of women and child development (WCD) had expressed concern over the implementation of the decision. Faced with conflicting views the cabinet had referred the matter to the group of ministers (GoM) whose recommendations to leave the final decision with the judge has been accepted.
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The Cabinet also cleared the proposal that in cases where divorce has been sought on mutual consent of both parties the judiciary has been given the discretion to grant divorce to one party after a period of three years, even if the man and the wife are no longer on the same page. These were part of the recommendations of the GoM on Marriage Laws Amendment Bill which will now be amended suitably before being brought to Parliament during the monsoon session, 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 husband and wife, conditions like who will bear the primary responsibility of raising the children and claimants on the "inheritable property."
The proposal to give a woman share in "inheritable" property had run in to rough weather in May because of a conflict of opinions within the government. While the law ministry had proposed an equal share in both inherited and inheritable property, the ministry of women and child development (WCD) had expressed concern over the implementation of the decision. Faced with conflicting views the cabinet had referred the matter to the group of ministers (GoM) whose recommendations to leave the final decision with the judge has been accepted.
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And Also More Movie and Political Video News at News Masthi
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