Divorce to be quicker,wives to get asset share

Bill: Cabinet clears changes to marriage laws,allows courts to waive 6-month wait for divorce.

The government on Friday decided to make significant changes in matrimonial laws. The amendments include allowing courts to reduce or waive the waiting period of six months before moving a joint motion in case of divorce by mutual consent and making provisions to ensure that women get a share in property acquired during the marriage.

Sources said these changes would be incorporated in The Marriage Laws (Amendment) Bill,2010,which was introduced in Parliament last year,and which seeks to amend the Hindu Marriage Act,1955,and the Special Marriage Act,1954.

The changes were made taking into account some of the suggestions made by the Parliamentary Standing Committee on Personnel,Public Grievances,Law and Justice which had examined the Bill. The re-drafted Bill could be introduced afresh during this session.

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In a move to make the process of divorce easier,it is learnt the government proposes to insert irretrievable breakdown of marriage as a new ground for parting ways. As for the mandatory six-month cooling-off period,the reasoning was that there was no point in prolonging a marriage where parties are unable to live as husband and wife.

Besides,the Bill gives women the right to property acquired during the marriage. According to the amendments cleared by the Cabinet,while adjudicating on divorce petitions,courts can decide on how much property acquired during marriage is shared.

According to the redrafted Bill passed by the Cabinet,adopted children will also have rights on par with biological offspring of a couple in case the parents go in for a divorce.

Sources said the Bill provides for some safeguards to women to ensure that the irretrievable breakdown of marriage clause for divorce is not misused. There is a provision giving the women right to oppose divorce pleas filed by husbands on grounds of irretrievable breakdown of marriage.

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The Cabinet has gone in for reducing or waiving off the cooling-off period despite the fact that the Standing Committee had suggested that the existing provisions of law for divorce by mutual consent were fair and reasonable and that the cooling-off period should be retained so as to protect and preserve the institution of marriage.