Safeguard women's rights: Committee on marriage laws

Amendments being brought to marriage laws to introduce "irretrievable breakdown of marriage" as grounds for divorce

sweta-ranjan

Sweta Ranjan | April 7, 2011



The parliamentary committee on personal, public grievances, law and justice on Wednesday pitched for an effective legal mechanism to provide women their share in the matrimonial property, acquired during the subsistence of marriage before the divorce. The recommendation was put forward while examining the marriage law amendment bill which proposes divorce on the basis of “irretrievable breakdown” of marriage.

The standing committee, headed by Congress leader and MP Jayanthi Natarajan has examined the marriage laws (amendment) bill, 2010 and favoured introduction of ‘irretrievable breakdown of marriage’ as the new ground for grant of a decree of divorce.

The committee is not in favour of doing away with the waiting period of 6 months before moving a joint motion in case of divorce by mutual consent as proposed in the bill. It said that the existing provisions of law for divorce by mutual consent are fair and reasonable and the prevailing cooling off period be retained so as to protect and preserve the institution of marriage.  Natrajan said, “We have proposed to retain the six months waiting period before divorce as it would be in the betterment of the society to give at least six months time to the couple to reconcile”.

To set unvarying principles, said Natrajan, the government might attempt defining the term “irretrievable breakdown of marriage” in the bill and also keep away from  vagueness the term “grave financial hardship” as mentioned in the bill. The committee favours the broad objective of the bill, i.e., introduction of ‘irretrievable breakdown of marriage’ as a new ground for grant of a decree of divorce.

“The committee also discussed extensively on the subject in regard to the adopted children. It was also recommended that the effective legal mechanism should be in place to ensure that women get their share of matrimonial property acquired during the existence of marriage as they do a lot of unpaid work at home,” said Natrajan.

In view of the recommendations made by the committee, the government may reconsider the various clauses of the bill and a revised comprehensive bill be brought forth.

The bill was introduced in the Rajya Sabha on August 4, 2010 and referred by the chairman to the committee on August 23. 

It also intends to bring changes in the Hindu Marriage Act, 1955 and Section 28 C in the Special Marriage Act,1954, to ensure adequate maintenance to children born out of the marriage before granting divorce on the ground of irretrievable breakdown of marriage.
 

Comments

 

Other News

India calls for doubling bilateral trade with UK by 2030

Commerce and industry minister Piyush Goyal has called upon businesses in India and the United Kingdom to translate the opportunities created by the India-UK Comprehensive Economic and Trade Agreement (CETA) into expanded trade, investment, partnerships and job creation. Addressing the Bu

Gandhian movement after Gandhi failed: Ram Guha

The Gandhian movement in India, after Gandhi’s death, failed, says Ramachandra Guha, and blames Vinoba Bhave for it. But the movement found new, fertile grounds around the world and succeeded in bringing about a change in South Africa, the US and elsewhere. It is high time it returned home. Of cour

When religion, politics and Bollywood come together

Tavleen Singh, noted journalist and political commentator, has turned to fiction, with her debut novel ‘The Actor’ (HaperCollins India). Set in the near future, it has a superstar, Amit Singh, turning to politics, when the political landscape is dominated by prime minister Guru Gaynendraj

Cabinet approves setting up of Integrated Transport & Logistics Authority

The union cabinet, chaired by prime minister Narendra Modi, on Tuesday approved the setting up of a Special Purpose Vehicle (SPV), called Integrated Transport & Logistics Authority (ITLA), to strengthen research, planning, appraisal, monitoring and impact assessment within the broad domains of Transp

Why foundational literacy and numeracy is key to school education

Foundational Literacy and Numeracy (FLN) are often described as the building blocks of education. Yet, their significance goes well beyond a child’s ability to read a sentence, write a response or solve a basic mathematical problem. These foundational skills shape how children understand the world,

When police data becomes the algorithm

For decades, policing has followed a familiar sequence: a crime occurs, the police respond, an investigation produces records and those records become part of the institutional memory of the criminal justice system. Artificial intelligence is beginning to alter that sequence. Instead of merely recording

Upcoming Conferences



-->

Archives

Current Issue

Opinion

Facebook Twitter Google Plus Linkedin Subscribe Newsletter

Twitter