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RS approves bill to make divorce friendly for women - The Hindu

The Bill allows both parties to file for divorce on the ground of "irretrievable breakdown" of marriage.

Rajya Sabha on Monday approved a proposal to make divorce friendly for women as it provides for the wife getting share in the husband’s immovable property after “irretrievable breakdown” of marriage.

The Marriage Laws (Amendment) Bill seeks to empower the courts to decide the compensation amount from the husband’s inherited and inheritable property for the wife and children once the marriage legally ends.

The Bill allows both parties to file for divorce on the ground of “irretrievable breakdown” of marriage. Both parties have to live apart for at least three years before filing for such a petition.

Provisions have been made to restrict grant of a decree of divorce on ground of “irretrievable breakdown” of marriage if the court is satisfied that adequate provision for maintenance of children has not been made consistently with financial capacity of the parties to the marriage.

Also, the wife has the right to oppose the grant of a divorce on the ground that the dissolution could result in grave financial hardship.

Replying to a debate on the bill, Law Minister Kapil Sibal said it is “a historic peace of legislation” in a patriarchal society like India where women, who constitute 50 per cent of the population, own only two per cent of the assets.

He said the divorce is “gender neutral” as either the wife or the husband can seek divorce. However, the right over property will not be gender neutral as wife can lay claim on husband’s immovable property.

The Bill also provides that a court can take an ex parte decision on granting divorce if one of the two parties refuse to move a joint application.

As per the existing laws, the parties have to move a motion jointly between 6 and 18 months in case of divorce on grounds of mutual consent.

However, it has been observed that in several cases one of the parties do not turn up for filing of motion jointly with the other party leading the party desirous of divorce hapless and remediless.

The amendment has been done to mitigate such hardships, said the statement of objects and reasons of the Bill.

During discussions, several MPs across party lines suggested the Bill be made gender neutral and should not be confined to Hindu marriages only.

The Bill seeks to amend Hindu Marriage Act, 1955 and the Special Marriage Act, 1954.

Mr. Sibal, however, noted that the legislation is in context of Hindu Marriage Act and the Special Marriage Act, a couple has a choice to get registered under the Special Marriage Act.

He said it would be the courts that would decided about the division of property post divorce.

“We have to trust our judges...Judges...will decide what (amount of) property will given to women,” he said.

The Minister, however, said there was no amendment which works against women and works in favour of men.

He said the Members of Parliament should show that they are on side of women in a patriarchal society.

Earlier, Najma A. Heptulla (BJP) said divorce is considered a taboo in India and efforts should be made to ensure that family structure remains intact.

She accused the government of not doing anything for the 10 crore women belonging to Muslim community. She promised BJP’s support to any legislation for betterment of Muslim women.

She also said there should be only one law for all women in the country.

As per the statement of objects and reasons of the bill, Hindu Marriage Act and the Special Marriage Act have proved to be inadequate to deal with the issue where there has been irretrievable breakdown of marriage and therefore the need was felt for the amendments.

Supreme Court too had pointed out the necessity to introduce irretrievable breakdown of marriage and mutual consent as grounds for grant of divorce in all cases.

“Having regards to the recommendations of the Law Commission of India and the observation of the Hon’ble Supreme Court...it is proposed to amend the Hindu Marriage Act, 1955, and the Special Marriage Act, 1954, so as to provide for irretrievable breakdown of marriage as a ground of divorce thereunder subject to certain safeguards to the wife and affected children,” the statement said.

The Law Minister said husbands too can move courts for irretrievable breakdown of marriage.

Ram Prakash (Cong), Narendra Kumar Kashyap (BSP), Jharna Das Baidya (CPI-M), Derek O’ Brien (TMC), Arvind Kumar Singh (SP), Renubala Pradhan (BJD), Vandana Chavan (NCP), Bharatkumar Raut (SS) and Gyan Prakash Pilania (BJP) also participated in the discussion.
6th September 2013 From India, Delhi
What changes could have been in the following judgment had the above law would have been in force?

IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO. 1794 OF 2013

(Arising out of Special Leave Petition (Civil) No. 4782 of 2007)

K. SRINIVAS RAO … APPELLANT

Versus

D.A. DEEPA … RESPONDENT

JUDGMENT

(SMT.) RANJANA PRAKASH DESAI, J.

1. Leave granted.

2. This appeal, by special leave, has been filed by the appellant-

husband, being aggrieved by the judgment and order dated 8/11/2006 passed

by the Andhra Pradesh High Court in Civil Miscellaneous Appeal No.797/03,

setting aside the decree of divorce granted in his favour.

3. The appellant-husband is working as Assistant Registrar in the Andhra

Pradesh High Court. The marriage between the appellant-husband and the

respondent-wife was solemnized on 25/4/1999 as per Hindu rites and customs.

Unfortunately, on the very next day disputes arose between the elders on

both sides which resulted in their abusing each other and hurling chappals

at each other. As a consequence, on 27/4/1999, the newly married couple got

separated without consummation of the marriage and started living

separately. On 4/10/1999, the respondent-wife lodged a criminal complaint

against the appellant-husband before the Women Protection Cell alleging

inter alia that the appellant-husband is harassing her for more dowry. This

complaint is very crucial to this case. We shall advert to it more in

detail a little later. Escalated acrimony led to complaints and counter

complaints. The respondent-wife filed a petition under Section 9 of the

Hindu Marriage Act, 1955 for restitution of conjugal rights before the

Family Court, Secunderabad. The appellant-husband filed a counter-claim

seeking dissolution of marriage on the ground of cruelty and desertion

under Section 13(1)(i-a) and (b) of the Hindu Marriage Act, 1955.

4. The Family Court while dismissing the petition for restitution of

conjugal rights and granting decree of divorce inter alia held that the

respondent-wife stayed in the appellant-husband’s house only for a day, she

admitted that she did not have any conversation with anyone and hence any

amount of oral evidence adduced by her will not support her plea that she

was harassed and driven out of the house; that the story that the appellant-

husband made a demand of dowry of Rs.10,00,000/- is false; that by filing

false complaint against the appellant-husband and his family, alleging

offence under Section 498-A of the IPC in the Metropolitan Magistrate

Court, Hyderabad and by filing complaints against the appellant-husband in

the High Court where he is working, the respondent-wife caused mental

cruelty to the appellant-husband and that reunion was not possible. The

Family Court directed the appellant-husband to repay Rs.80,000/- given by

the respondent-wife’s father to him with interest at 8% per annum from the

date of the marriage till payment.

5. By the impugned judgment the High Court allowed the appeal carried by

the respondent-wife against the said judgment and set aside the decree of

divorce granted in favour of the appellant-husband. The High Court inter

alia observed that the finding of the Family Court that lodging a complaint

with the police against the appellant-husband amounts to cruelty is

perverse because it is not a ground for divorce under the Hindu Marriage

Act, 1955. The High Court further held that the appellant-husband and the

respondent-wife did not live together for a long time and, therefore, the

question of their treating each other with cruelty does not arise.

According to the High Court, the conclusion that the respondent-wife caused

mental cruelty to the appellant-husband is based on presumptions and

assumptions.

XXXXXXXX

28. In the ultimate analysis, we hold that the respondent-wife has caused

by her conduct mental cruelty to the appellant-husband and the marriage has

irretrievably broken down. Dissolution of marriage will relieve both sides

of pain and anguish. In this Court the respondent-wife expressed that she

wants to go back to the appellant-husband, but, that is not possible now.

The appellant-husband is not willing to take her back. Even if we refuse

decree of divorce to the appellant-husband, there are hardly any chances of

the respondent-wife leading a happy life with the appellant-husband because

a lot of bitterness is created by the conduct of the respondent-wife.

29. In Vijay Kumar, it was submitted that if the decree of divorce is set

aside, there may be fresh avenues and scope for reconciliation between

parties. This court observed that judged in the background of all

surrounding circumstances, the claim appeared to be too desolate, merely

born out of despair rather than based upon any real, concrete or genuine

purpose or aim. In the facts of this case we feel the same.

30. While we are of the opinion that decree of divorce must be granted,

we are alive to the plight of the respondent-wife. The appellant-husband

is working as an Assistant Registrar in the Andhra Pradesh High Court. He

is getting a good salary. The respondent-wife fought the litigation for

more than 10 years. She appears to be entirely dependent on her parents

and on her brother, therefore, her future must be secured by directing the

appellant-husband to give her permanent alimony. In the facts and

circumstance of this case, we are of the opinion that the appellant-husband

should be directed to pay a sum of Rs.15,00,000/- (Rupees Fifteen Lakhs

only) to the respondent-wife as and by way of permanent alimony. In the

result, the impugned judgment is quashed and set aside. The marriage

between the appellant-husband - K. Srinivas Rao and the respondent-wife -

D.A. Deepa is dissolved by a decree of divorce. The appellant-husband

shall pay to the respondent-wife permanent alimony in the sum of

Rs.15,00,000/-, in three instalments. The first instalment of Rs.5,00,000/-

(Rupees Five Lakhs only) should be paid on 15/03/2013 and the remaining

amount of Rs.10,00,000/- (Rupees Ten Lakhs only) should be paid in

instalments of Rs.5,00,000/- each after a gap of two months i.e. on

15/05/2013 and 15/07/2013 respectively. Each instalment of Rs.5,00,000/-

be paid by a demand draft drawn in favour of the respondent-wife “D.A.

Deepa”.

Xxxxxx

37. The appeal is disposed of in the aforestated terms.

……………………………………………..J.

(AFTAB ALAM)
6th September 2013 From India, Delhi
"GDP growth to fall short of 8 p.c. in X Plan: Montek"

"New Delhi: Even as External Affairs Minister Pranab Mukherjee

projected a double-digit growth "in the realm of possibility" the

Planning Commission Deputy Chairman, Montek Singh Ahluwalia, on

Tuesday declared that the country would fail to achieve the Tenth

Plan target of 8 percent GDP(gross domestic product) owing to a

slowdown in the manufacturing sector"(The Hindu, 8/11/2006).

What I have been saying since I joined this forum is goinng to become true. When a government functionary gives a statement in public he is thorough on the matter. So the euphoria which India had in the first half of this decade will evaporate soon.

Now joining issue with Aswini Kumar, let me inform that motivation to work depends upon optimum endorphin generation in the body and not by sermons. I think, HR speciality is not equipped with this skill.

attribution https://www.citehr.com/2975-challeng...#ixzz2e6XTc0Z5

Growth rate has gone down below 5% as predicted. After this law it will go down further.
6th September 2013 From India, Delhi
Let us have a bet.
A.After the enactment of the law posted in the opening post, the economic growth of the country including the corporate world will accelerate.
B. After the enactment of the law posted in the opening post, the economic growth of the country including the corporate world will decelerate.
I bet in favour of B
7th September 2013 From India, Delhi
The Happiest Countries In The World - Yahoo! India Finance
But India is missing in the list
11th September 2013 From India, Delhi
A new govt. takes over the administration of central governmntCan it raise GDP growth?
27th May 2014 From India, Delhi
Expecting inflation in the given situation where the rupee is increasing and the fuel prices are likely to shoot.
The taxes on SUVs might not increase. But over all would shoot the rate of inflation high .
Jobs situation would further remain cautious, hitting the real estate boom .
Looking forward to hear more from our experts on this .
27th May 2014 From India, Mumbai
Reserve Bank to keep rates on hold, Jan-March GDP to confirm economy remains sluggish: Reuters Poll | Reuters
The poll of 48 economists predicted Asia's third-largest economy grew 4.8 percent in the three months to March compared with the same period last year, up from 4.7 percent in the previous quarter.
xxx
In anticipation of a BJP election win, investors' confidence in Indian assets revived, leading to a rally in shares and the rupee.
But despite the market euphoria, economists cautioned inflation, high borrowing rates, weak industrial output and subdued demand are among the main economic risks facing the new government.
"Budget, growth, current account deficit and fiscal management would be the major issues. Priority for Modi would be to improve growth environment and provide a platform by easing out various bottlenecks," said Mittal.
28th May 2014 From India, Delhi
Exactly! I don’t want to sound like a worry monger , but we can almost start back counting on rising rate of inflation !
28th May 2014 From India, Mumbai
We don’t even need to wait for the long run, to see our words coming true !
29th May 2014 From India, Mumbai
https://in.lifestyle.yahoo.com/ugly-...135011684.html
Does it dampen motivation to work and consequently the GDP?
5th July 2014 From India, Delhi
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