Now, property too on divorce!

Now, property too on divorce!
HERALD CORRESPONDENT
NEW DELHI, FEB 13
Woman divorced on ground of “irretrievable breakdown” of marriage will soon be able to claim not only the usual alimony but also part of the husband’s property acquired after marriage.
An amendment to this effect that the government appears inclined to accept has been recommended by the Parliamentary Committee on Law and Justice while examining the Marriage Laws (Amendment) Bill, 2010.
Pointing out that wives are vulnerable to extreme poverty after divorce, the committee headed by Congress MP Jayanthi Natarajan has recommended share to them in the property acquired after marriage in both the Hindu Marriage Act and the Special Marriage Act.
The family laws enacted in Goa during the Portuguese rule already has the liberal provisions favouring women to allow them to claim share in the husband’s property not only in case of divorce but also in case of giving birth to a person’s illegitimate child or in case of the husband as among the Muslims marrying second time without divorcing the first wife.
The committee has, in fact, suggested a score of enabling provisions to economically empower women seeking or getting divorce on grounds of irretrievable breakdown of marriage. It will be submitting the recommendations next week to enable the government incorporate them for passage of the pending Bill in the upcoming budget session from February 21.
Sources said some MPs on the committee wanted divorce on ground of irretrievable breakdown of marriage made very easy, but the majority prevailed to provide adequate safeguards to protect women and make a period of separation mandatory to prevent misuse of this divorce provision.
The pending Bill is an offshoot of a petition moved in the Supreme Court by Power Minister Sushil Kumar Shinde’s daughter Smriti, questioning validity of Section 13B of the Hindu Marriage Act, 1955, that requires consent of both husband and wife for divorce.
Her case was that the law cannot force here to remain in wedlock if her husband chooses to withdraw consent. The government decided to amend the law after the Supreme Court asked its comment on December 16, 2009 whether “consent” violated a person’s fundamental right.
The Bill is based on a Law Commission’s report dating back to 1978, recommending inclusion of irretrievable breakdown of marriage as a separate ground for divorce. The government noted that the divorce proceedings under the existing law become inconclusive of one of the parties abstains from the court proceedings for divorce.