Sheria mpya ya ndoa India yaruhusu wanawake warithi

The Cabinet approved the Marriage (Amendments) Bill 2010 on Friday.

Here’s a run-down on the hits and misses.

Hits

•‘Irretrievable break-down of marriage’ to be made ground for divorce.

•Women to have right over marital property in the event of the divorce.

•Adopted children to have right on property on par with biological children.

Misses

•Wife can contest ‘irretrievable break-down’ plea by husband. Husband cannot.

•Extent of the women’s right to marital property left to the discretion of the court. Women’s rights groups had demanded for equal division.

•Legal experts suggest need for a amendments in the property and land laws to ensure joint-ownership of property post-marriage.

Wakati huohuo jana kulikuwa na taarifa kwmba

Unhappy Indian couples may be able to end their marriages much faster now.

The government is reportedly working on amending the existing legal structure to make divorce easier.

A report in The Hindustan Times said, “The government wants changes in the Hindu Marriage Act of 1955 and Special Marriage Act of 1954 to provide ‘irretrievable breakdown of marriage’ as a new ground for parting ways.”

"Irretrievable breakdown of marriage" may now be made a ground for divorce: Reuters
The amendments will primarily deal with the mandatory ‘cooling off’ period that couples must go through before a divorce is granted.

This period ranges from a minimum of six months to a maximum of 18 months.

If passed, the amendment will grant courts the power to reduce or waive off the cooling period and grant divorce immediately.

The Hindustan Times report further added that women will get special consideration to oppose their husbands claim that divorce should be granted on the basis of ‘irretrievable breakdown of marriage’, if they could prove that the divorce would cause financial hardships and affect their children’s future.

Men will not have this right if wives seek divorce on the same ground.

Breakdown of marriage is currently not a ground for divorce despite several Supreme Court verdicts favouring it and the Law Commission recommending that it be included in the provision of the law.

The amendment will enable couples to get divorce if one of them refuses to live with the other and will not work towards reconciliation, and the court is convinced that there is no hope of the two leading a normal matrimonial life.