<p>The Law Ministry on Monday introduced the redrafted Marriage Law (Amendment) Bill 2010 in the Rajya Sabha that allows couples locked in collapsed marriages to secure divorce without investing time. <br /><br /></p>.<p>Through the legislation one more ground - irretrievable breakdown of marriage - would be added to other existing grounds for divorce.<br /><br />The proposed legislation allows both the parties to seek divorce on the ground of “irretrievable breakdown of marriage”. However, the new legislation gives the wife right to oppose such a divorce petition on the ground that it would result in a financial hardship.<br /><br />The Bill seeking amendment to the Hindu Marriage Act, 1955 and the Special Marriage Act, 1954 requires both parties to live apart for at least three years before filing for such a petition.<br /><br />The new law will give the wife the right to share the property of her husband and the adopted children will have the same right to the property of the father as the biological children have.<br /><br />The Bill relaxes the existing provision of 6 months of ‘cooling off period’ in case of divorce by mutual consent. The court has been given the power to relax this period if it is satisfied.<br /><br />Moving the Bill, Law Minister Salman Khurshid said that people should not link together for the sake of society, if the marriage has ended for all the practical purposes.<br /><br />BJP wants more changes<br /><br />Initiating the debate, Leader of Opposition Arun Jaitley demanded provisions to ensure adequate compensation for women in such cases. He said that property sharing was very weak in the country, so there is a need for adequate arrangement for it. “The person causing irretrievable breakdown can also seek divorce,” he said <br /><br />If one of the parties created conditions for divorce, the other party would be forced to accept and apply for divorce. The creator of the condition will get benefited while the other would be the victim,” Jaitley said. He wanted the Bill to have adequate provisions to prevent these.<br /><br />Senior leader Najma Heptullah opposed the deletion of “cooling off period” as the period gives opportunity for reconciliation. She also demanded codification of ‘irretrievable breakdown of marriage’. She said otherwise it might come as a tool in the hand of husband.<br /><br />The Bill was introduced in 2010 and sent to Parliamentary Standing Committee. It has been redrafted in the light of recommendations of Standing Committee.<br /></p>
<p>The Law Ministry on Monday introduced the redrafted Marriage Law (Amendment) Bill 2010 in the Rajya Sabha that allows couples locked in collapsed marriages to secure divorce without investing time. <br /><br /></p>.<p>Through the legislation one more ground - irretrievable breakdown of marriage - would be added to other existing grounds for divorce.<br /><br />The proposed legislation allows both the parties to seek divorce on the ground of “irretrievable breakdown of marriage”. However, the new legislation gives the wife right to oppose such a divorce petition on the ground that it would result in a financial hardship.<br /><br />The Bill seeking amendment to the Hindu Marriage Act, 1955 and the Special Marriage Act, 1954 requires both parties to live apart for at least three years before filing for such a petition.<br /><br />The new law will give the wife the right to share the property of her husband and the adopted children will have the same right to the property of the father as the biological children have.<br /><br />The Bill relaxes the existing provision of 6 months of ‘cooling off period’ in case of divorce by mutual consent. The court has been given the power to relax this period if it is satisfied.<br /><br />Moving the Bill, Law Minister Salman Khurshid said that people should not link together for the sake of society, if the marriage has ended for all the practical purposes.<br /><br />BJP wants more changes<br /><br />Initiating the debate, Leader of Opposition Arun Jaitley demanded provisions to ensure adequate compensation for women in such cases. He said that property sharing was very weak in the country, so there is a need for adequate arrangement for it. “The person causing irretrievable breakdown can also seek divorce,” he said <br /><br />If one of the parties created conditions for divorce, the other party would be forced to accept and apply for divorce. The creator of the condition will get benefited while the other would be the victim,” Jaitley said. He wanted the Bill to have adequate provisions to prevent these.<br /><br />Senior leader Najma Heptullah opposed the deletion of “cooling off period” as the period gives opportunity for reconciliation. She also demanded codification of ‘irretrievable breakdown of marriage’. She said otherwise it might come as a tool in the hand of husband.<br /><br />The Bill was introduced in 2010 and sent to Parliamentary Standing Committee. It has been redrafted in the light of recommendations of Standing Committee.<br /></p>
