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Saturday, 2 June 2012

Cabinet approves reforms in marriage, divorce and adoption laws


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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