The
Central government took some major decisions with regard to the Hindu Marriage
Act, including making divorce easier, in a key Cabinet meeting.
According
to the decision of the Cabinet, the mandatory six-month clause for filing of
divorce will now be waived off on grounds of irretrievable breakdown.
The
new clause also allows one-time settlement instead of monthly maintenance in
case of divorce.
The
redrafted Marriage Laws (Amendment) Bill, 2010 based on key recommendations of
a Parliamentary Standing Committee also allows a woman a share in her husband's
property. The quantum of share will be decided by the court on case-by-case
basis.
The
Marriage Laws (Amendment) Bill, 2010, which was cleared by the Cabinet, also
seeks to give a woman a share in her husband's property.
The
government has accepted the recommendation of the parliamentary committee that
women should have a share in the property of her husband in case of a divorce
but the quantum of share will be decided by the courts on case-by-case basis.
According
to the Cabinet Note, while a wife can oppose a husband's plea for a divorce
under the new "irretrievable breakdown of marriage" clause, the
husband will have no such rights to oppose if the wife moves the court on the
same grounds.
Apart
from this, bringing a big change in the adoption laws, the Union Cabinet has
cleared equal rights for adopted children in custody cases.
According
to the redrafted Bill passed by the Cabinet, adopted children will have rights
on par with biological off springs of a couple in case the parents go for a
divorce.
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