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Wife gets 50% share in husband’s property after divorce – India Law

by Manish Chauhan · 332 comments

Do you love your wife? You better do !

There were few changes proposed weeks back in the marriage laws in India, which everybody should be aware about. A bill called “Marriage Law’s (Amendment) Bill 2010″ was passed by the cabinet, which is pending for discussion in Rajya Sabha and some major changes in the women rights are suggested, on how the properties would be divided after divorce.

Women Rights in husband property after divorce - India Law

The biggest change says – “As per new Divorce law, Wife share in property would be 50% in all her husband’s residential properties, no matter what and in other properties, her share will be decided as per the court decision.

Wife share in property owned by husband would be 50%

Earlier, before this change – a women was entitled for a share in husband’s properties, but there was no quantum defined as per law, it would be any percentage depending on the case, but now with this suggested change, a women will enjoy equal sharing without any condition in all the residential properties owned by husband. But in this case, women will have to specifically apply for her share, she should be aware about this law about “50% share” .

A major change in this amendment is that this rule is applicable to all the properties of the husband acquired before and after the marriage, whereas as the earlier law made sure that the wife gets share only in those properties which are acquired by husband only after marriage. Now men stand to loose on this front, in-case things so sour with wife.

Husband & Wife joint holder’s in a residential property

You should be clear by now, what will happen in the case where a property is registered in the joint names of husband and wife. A lot of couple register a house in joint names, a lot of times both pay’s from their respective salaries, and in some cases only one party pays (generally husband). Imagine divorce happens – Who will get how much ? Women will keep her 50% part and she will also get half of her husband share in the house, so 75% wife and 25% husband.

Rights of women after divorce on other properties in India?

Apart from the mandatory 50% share in husband’s residential properties, the wife will also be entitled to get a share in other kind of properties, but the quantum is not set, as per the Bill, it will depend on “living standard of the wife”

Waiver of six months cooling period possible

As per the old Indian law which governed the division of assets for women after divorce, it was mandatory for husband and wife to spend at-least 6 months together before applying for divorce, but with this new amendment bill, there are provisions of waiving off the 6 months cool off period or lessen it, but only if both husband and wife wants it. Which means if one of the spouse wants to get divorce on an “urgent basis” , but other does not, it will not be possible. This is one of the major change in the bill and will help those couples who do not want to serve that “6 months” cool off period of living together.

Is this a anti-male law ?

A lot of groups have termed this change as anti-marriage and ant-male law and critically oppose it, they have termed it as a bill totally against males and illogical. The major issues with the amendment are as follows

  • The bill talks about only the division of Husband Properties, but not wife’s properties. So in-case women is at fault, still she will get 50% share in husband property, but her share of property will not be divided.
  • A major disappointment for men in this bill is that, even the “person at fault” can apply for getting the share of property, and the other party will have to respond to it. Generally as per old law’s when mutual consent was not there, the victim applies for the property share and the person who is the “bad person” has to respond to it. Now with his law change, wife can seek a divorce and ask for share in property.
  • If wife and husband are living apart from many years, a wife can oppose the divorce on the grounds of financial hardship, but men can not! . This is called Irretrievable breakdown of marriage
  • There are concern’s raised like this law will encourage more divorce’s are women can get hold of property easily for sure.

Now there are some serious concerns due to these changes. If a husband has one residential properties, old parents who are financial dependent on him and there is divorce between husband and wife, the wife could take 50% share, in which case the men will be left with 50% property, this seems very unjustified. What is the women already owned 2 more properties on her name? She has nothing to worry! .

One serious drawback of this law is that some men, who are undergoing a bad phase of marriage, may convert their residential properties into immovable assets, or just transfer it on other names to save themselves from parting away with 50% share in worst case.

Conclusion

While there are cases where women are deprived of their share in wealth at the time of divorce in India and there was requirement of strong laws which focuses on rights of women in case of divorce in India, this amendment seems to have gone beyond what it wanted and has loopholes which can be exploited by women. With due respect to each gender, it would be great if there would have been some balanced law, and some thought should have gone for worst cases.

To summarize things, here are the take away’s from the changes made in marriage law’s.

  • In case of divorce, Woman will have 50% share in the residential property of a man
  •  The wife will have to take the initiative of seeking her share in such cases.
  •  Women and children will also have rights in the other assets of man, which will be decided by court
  •  It does not matter if the property was acquired by before or after the marriage

What do you think about this amendment ? Do you also feel its too anti-male but only designed keeping women in mind ? Do you feel its correct to keep 50% share for wife in husband’s property in case of divorce as per law in India ? Note that the bill still needs to be passed and right now only the cabinet has passed the changes. It is yet to become a law after getting passed in both houses.

Note : The information provided on this article is based on various media articles and the exact circular could not be found out. Also the bill still needs to be passed, only then it will become an act finally and will be implemented.

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{ 332 comments… read them below or add one }

1 Mihir Naik August 27, 2012 at 10:47 am

Kinda helpful advice.. One more reason added to list of “not going for marriage”…!

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2 Raman August 28, 2012 at 10:13 am

Agreed, It seems men can’t marry now or may be we’ll ask for a divorce before parents transfer property to us.
This is what is called ilogical law. It will increase instances of violence against women. This is unfortunate. Such a narrow vision of Indian stupid politicians.

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3 Manish Chauhan August 28, 2012 at 9:51 pm

Can you share how it will increase violence against women because of this law ? The law makers might have brought in to reduce the violence ! :)

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4 Raman August 28, 2012 at 10:38 pm

Pretty Simple.
Mens’ families will never agree to part with their hard earned property. So, the families where women are suppressed, the violence will increase because a divorce will simply mean parting with property and we all know what property and gold mean to Indian families.

On the other hand, in tier one cities opposite will happen. Women will misuse the law just like dowry law is being misused in those cities by aware women.

So, educated men loose a lot and women loose in any situation where family is of moderate or traditional values.

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5 Manish Chauhan August 29, 2012 at 8:27 am

Raman

Thanks for your views. I am not sure how many will agree with that. Another view can say the family will not do violence because they know if they increase it , the women will take divorce to end up the relationship.

Manish

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6 Raman August 29, 2012 at 8:52 am

Manish: It seems you live in a Tier 1 city where people are mostly educated and many women independent.
But every case where women are dependent, families are traditional and women know less about law (which is the case with most of India), violence is bound to increase whenever property etc. comes into picture. It is even possible that women who want divorce are suppressed not to ask for one because that may mean parting with ancestral property as well.

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7 Manish Chauhan August 29, 2012 at 10:10 am

Raman

I live in tier 1 city , but I belong to small town of UP and well aware of plight of women . Also I dont disagree with you that what you said will not happen, different sections of society will react in different way, for some part what you said will be applicable and for some what lawmakers feel will happen.

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8 Praveen August 29, 2012 at 1:04 pm

I totally agree with Raman. This law will surely not help the poor and needy victims of divorced women. But surely it will be manipulated by wealthy and educated women to their advantage. In extreme case, the powerful men can even resort to murder, instead of just seeking divorce. While a man from educated and cultured background might have to suffer .

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9 Raman August 30, 2012 at 2:23 pm

Thanks for putting my message in right words, Praveen. The law will not help those it is intended for and will in fact do the opposite for both genders.
Gender based laws always end up getting misused.

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10 Suraj Singh July 18, 2013 at 11:27 am

I totally agree with Raman.This law is completely biased,because it does not says anything about women property.Why women can have only share in men property,why not men can have share in women property.
And even if this has been included in this law,then also it can not help women,because it will lead to legal dowry system,because before marriage men family will starts demanding the papers which insures the share of women in their parental properties,and girls parents have to do it,as they are doing now by giving dowry.

11 Anil September 16, 2013 at 6:01 pm

It’s A vote Bank Policy. Congress party Rules and Bargains Power ,Playing with this kind of tricks and tact’s

12 Rahul March 7, 2014 at 1:21 pm

This kind of law will be very useful for gold digger women who wants to earn quick money . Why a man who has bought some property through his hard earned money share 50 % property to his wife who hasn’t earned a single penny and what are the duties of her father after her marriage .. nothing . Now many bloody parents will ask their daughter to get married and dump her husband and bring husband’s 50 % property for their luxury. Such a stupid and idiot law .. totally anti male law .. This kind of law will encourage more suicides. This bill should not be passed .

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13 Manish Chauhan March 12, 2014 at 5:52 pm

Thanks for your views on this topic !

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14 Pinak August 30, 2012 at 12:42 pm

I agree, this may lead to increase in violence. my parents have worked hard to earn money and invested in properties which are in my name. thnx to this stupid law she can make a claim on it. last thing a man wants is to see his parents hard earned money go to his ex-wife.. Irrespective of the reason for failure of marriage. this law will only empower the gold diggers.

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15 Pallavi June 8, 2013 at 4:03 pm

This new definitely is a huge point of concern…innocent men have everything on stake…not just their property but their peace of mind and also their piece of happiness!!

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16 vijay November 1, 2014 at 9:16 pm

Mr raman in future feminist will ask for property of unmarried mens also.
feminist will ask women are weak. so she should be given his husbans unmarried brothers property also.
many feminist will ask . then politicians will agree.

if men are silent feminist will ask for unmarrid mens property also.

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17 Manish Chauhan August 29, 2012 at 10:18 am

We can only be jealous of you ;)

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18 Sandeep August 27, 2012 at 10:56 am

In the murky world of ‘power politics’ & world domination, exporting domestic troubles of one country to another is a much favoured game. It is in this respect, this whole game needs to be looked at.

Controlling the population growth of other countries, propagating ‘women-rights’, etc etc comes under this.
See blogs like http://prassoon.wordpress.com/2009/12/07/female-feticide-%E2%80%93-a-mysterious-propaganda/ ; http://prassoon.wordpress.com/2011/06/14/is-boy-preference-a-brain-product-of-cfr/

We have to analyse which all organisations were behind this ‘up coming law’. List out all the organisations & identify the funds provider of these organisations .
You will not be surprised to know that majority will be coming from ‘Phoren’ lands.

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19 Manish Chauhan August 29, 2012 at 10:14 am

Thanks for sharing your views on this topic !

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20 CMR August 27, 2012 at 10:59 am

This bill certainly will result in exploitation of men.

Most marriages will have some kind of problems….but still husband and wife may be living together for many reasons like children, social status or more importantly financial security. But this bill will give opportunity to such women to become greedy and lead to divorce even for some silly reasons.

Some points:
Division of property should ideal be based on number of years of marriage otherwise one day old wife can walk away with the ancestral property of the husband for no fault of his.
Division based on the contribution of husband and wife towards marriage and assets, of course housewives contribution should be considered.
Also, it ideally should exclude the ancestral property and assets acquired before marriage but all movable and immovable property acquired after marriage can be divided.
Division should also change based on the fault. If husband is at fault, give wife say 60% of property (again based on number of years of marriage), if wife is at fault, no share or say 10-20%.
Status of wife should taken into consideration like her education, working status.
Assets of wife and her share of her ancestral property also should be considered.

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21 Manish Chauhan August 29, 2012 at 8:42 am

Thanks for your detailed views and observations !

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22 Sahil September 4, 2012 at 9:30 pm

I totally agree with CMR’s view.

Well written article Manish !
This is kinda scary and gives a big reason for not getting married ;)

Sahil

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23 Manish Chauhan September 5, 2012 at 8:23 pm

Haha .. I too agree with his views, but I am married already :) . No ctrl-z option here :)

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24 newboss August 27, 2012 at 11:10 am

Consider the case where Father and Son has acquired a joint property before son’s marriage but father has invested all the money. Now ‘Bad’ wife comes to son’s life and within short period it goes away with fathers 25% share. Strange Law ! its create more unsatisfied woman in society (of course due to lucrative 50% share) :-)

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25 Manish Chauhan August 29, 2012 at 8:41 am

Yea .. the only thing what mattes is in whose name is the property !

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26 Madhurie August 27, 2012 at 11:16 am

In my opinion, this is a very fair law passed after decades of harassment suffered by Indian women! :)
At the onset let me tell you that Indian women by and large continue to live in a shoddy marriage for the sake of the kids, family and society and will continue to do so as they are conditioned to sacrifice (read suffer).
The motherly figure and home making traits is deep within to the depth of her genes, so men in general should relax and not worry that their wives will seek for divorce for the sake of the property. Women look for family, kids, spouse and security from family more than property. (Exceptions are negligible)
In case the divorce is inevitable, finally the wives can walk out of abusive marriages. Earlier they would stick around as they gave up working or never worked for the sake of the family, thus loosing her financial strength. But with this law, the husband will also think twice before abusing his wife and the wife has the strength to walk out when things go beyond her control.
But this law will take a good care of erring husbands’ who value materialism more than their family.
When people get married they plan to live forever together ; and not to get divorced!
My two cents :)

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27 Kapil August 27, 2012 at 1:24 pm

Typical response that you can expect by a woman. You try to show yourself as a victim and a person who is always on the ‘right’ side. I really don’t want to drag this further but just one question why don’t you people raise your voice to declare marriage as a illegal ‘procedure/act’ under law. That way you and entire womenfolk will be saved from all this till eternity.

I seriously feel you can find n number of males who are sympathetic to females but will rarely find females who feels the same as we do.

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28 Sukanya Bhattacharya August 27, 2012 at 2:17 pm

Typical reply from men too. Also typical mentality of men too which is the root cause of most of the unsuccessful marriages.

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29 Kapil August 27, 2012 at 4:09 pm

Few years back, Supreme court termed IPC 498 A (related to dowry provisions) as legal terrorism after taking note of the gross misuse by females.

Now do you want to say even Supreme court was wrong or unjustified while saying that.
Please Mam, come out of your cocoon and see things in broader perspective.
I totally with #Sunil that this law should be gender neutral.

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30 Sukanya August 27, 2012 at 6:22 pm

Problem is our society is not gender nutral. I agree for all rules there are exceptions but I agree to what Madhurie said as well..”exceptions are negligible.”. While discussing such things please do not consider only the wemen like us who is writing comments or reading everyday updates. The majority of women in our country are still in dark about their basic rights. This law will protect them from being ‘no where’ after they are compelled to get divorced .
I do not agree “Somebody will rarely find females who feels the sympathetic to males” . Trust me , if that is the case the number of divorces woould have been 10 times than what it is now.

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31 Amit August 27, 2012 at 9:08 pm

Hi Sukanya and Madhaurie,
Do not always keep saying that women have al these years suffered from this and that…u all can say such only because the society is feminist.Media keeps bringing up issues related to women if any women has any problem eg check the case of Gopal Kanda just bcuase there was a lady involved and the supposed to be opressor is a politicain media is going all out to defame him everywhere u see the same news idea is even men were and are subjected to various problems which are hardly highlighted. Enjoy this law hoping to see few of u divorced very soon i pray this happens to u two also if not happened till now so that u can njoy husband’s property and i did not mean any offence to u two but thats d law…
thing is think beyond urself think of the society think of the mother and sisters of the husband’s family imagine if ur brother would hav been subjected to this law..become mature do not support feminist groups who have themselves destroyed their married lives and then by selling their bodies to ministers becomes ministers to bring out such laws read Renuka Chaudhary who has both daughters divorced for money or what but one who supports wrong then he/she will have to face it back its boomerang after all..

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32 Human August 27, 2012 at 9:15 pm

And why do you think it is negligible?

Over 80,000 IPC498A cases are filed every year in India. There are about 62,000 Married men committing suicides (for which Family Issues are the biggest reason) as per NCRB data. This number of suicides is more than double of that of married women for last 15 years (or since when the data is available).

I know as a women, you will also NOT be worried about those 62000 Men but worried about “unknown” number of “alleged” troubled wives.

I also know that as a women, you would not think about those women (mothers / sisters) who get effected by these 62K suicides or those 2,00,000 women who are put behind bars because they are mother/sister of generally accepted, alleged perpetrators i.e. Men.

With the hope that few of these numbers will help you wake up and remember that men are Fathers / Brothers too and unfortunately none of these laws give them even “benefit of doubt”. They are Guilty till proven Innocent.

Remember, in India, Kasab is Innocent till proven Guilty while your Fathers / Brothers are Guilty till proven Innocent.

And you still feel good about it?? AMAZED ME.

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33 Sahil September 4, 2012 at 9:36 pm

SUPER LIKE

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34 sudhank September 4, 2012 at 10:38 pm

Very Nicely Written !!

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35 PM October 11, 2012 at 7:19 pm

Well said……..

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36 Roni August 27, 2012 at 9:53 pm

Dear Mam,

What you or I feel should be right or wrong, depends upon our individual perceptions / understanding. So we might not agree. Then there are statistics, which are not individuals opinion.

Your statement “Exceptions are negligible” – as per official statistics (NCRB in case of 498A, the most common one used / misused) that negligible accounts to 98%. Now, approximately around 1 Lacs cases are registered in India every year, and in each case, along with husband, all his family members, his father, mother, brother, sister, their husband / wives, even in some cases 2 year old kids are accused. If you can approximately consider 4-5 persons are accused in each cases lodged then fact says 98% of those persons are jailed / extorted falsely, so I would leave it up to your imagination what “negligible” as per you amounts to :).

P.S.: Still, I feel this law should be there for the real victims BUT its misuse must be stopped, else I doubt there will be anyone to use it !!!

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37 Kapil August 31, 2012 at 4:27 pm

#Sukanya,

“exceptions are negligible”- This either your perception or fantasy. Can you please come out with some hard facts/stats instead of relying on some hearsay. You can not live peacefully in a society where you have such one sided laws. I’m not saying no such laws aren’t be there but there should be some safeguard to stop there misuse.
Please understand and acknowledge.

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38 Suraj Singh July 18, 2013 at 11:39 am

Hi mam,
With due respect,but if women want share in properties,why they don’t take it from their father,why from husband property?
Does women not have ancestral properties,yes they have,and they have equal right in their fathers property,then how they can have share in their husbands property(actually after divorce he is nothing to her).

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39 Manish Chauhan July 18, 2013 at 2:28 pm

But Suraj

After divorce , anyways no women can claim for anything legally !

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40 Anil September 16, 2013 at 6:25 pm

Sukanya and Madhaurie Might be Feminists. No wonder These people will react this manner only. They are multi standards people. Theirs Typical mentality is like in this form, Heads I Win, Tails You Lose .

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41 Raj December 6, 2012 at 9:04 pm

Couldn’t help observing.. Adultery, it seems cannot be committed by women as per law. The provocative gestures, the show of skin, the bum swinging gait etc etc are all supposed to be innocence personified. Women, apparently, just don’t know the meaning of all these. Seems men make meanings out of all these… on their own and get aroused. Actually it is the fault of the male sex. Who stopped them from getting aroused looking at trees or maybe a waterfall? Somebody just mentioned that his wife was caught redhanded (i’d say red bummed) having an illegal go with somebody else. Just too bad mate. My sympathies but you did get raped in a different way that only women can do.

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42 Sunil August 27, 2012 at 3:40 pm

Well…a rather 1950’s ideology expressed that women only walk out of the marriage only in case of abuse by husband.

1. What about women leaving in adultery?
2. What about women who dont respect their in laws and pressurizes husband to kick them out of house or put them in old age home
3. What about women who get bored (read seven year Itch book) and look for some fantasies and get caught? Then they will be too arrogant to accept their mistake and come back
4. What about women who file falses cases against husband and all his family members just for the sake of money extortion
5. What about women, who from the advise of their boy friend marriage a wealthy just for the sake of money and then harass husband for money so that she, along with her boyfriend can have a happy and wealthy life after divorce to first husband(read bakra)

6. And surely, it is agreed fact that husband, who has noble wife has to always think twice before abusing her, a wicked/filthy minded women need not even think a second to abuse the husband and in laws

7. How come exceptions are negligible, when as per NCRB(National Crime Records Bureau) 2011 released statistics that in 2010 alone, 58669 husbands committed suicide. And the common on all of them was false 498A and Domestic Violence cases. Is more than 58000 lifes in one year negligible???OMG

8. And all the while, why the heck is that with so much opportunities available for women, still they try to live like parasites on husband property to become financially independent???

9. Where is natural justice in the law, when women is at wrong wants to walk out of marriage(please dont say this is not happening…for god sake). And she will be given share in husband property only? Why is that women share not shared with husband???

10. When we think that women support domestically while husband earn property that should be shared, why not property earned by women during sustenance of marriage be shared??? Why is the husband role not recognized in building matrimony home ??

11. Happy if this law really take good care of erring husbands. But what about erring wifes??? Should not there be any clauses to stop the misuse of this law by erring wifes??? Wake up please

12. I also want to give my 2 cents. When men marry, they only want to have good family, good wife and good home. They dont marry with the sole motive of abusing wifes for any matter((exceptions are highly negligible).

Hence it is high time that this law be made gender neutral and replace word “WIFE” with “SPOUSE”.

Any sensible thoughts are welcome but should have the knowledge of ground reality…instead if sitting and writing in one’s own bedroom comforts

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43 Kannan August 28, 2012 at 4:01 pm

Well said!!.. And also replace “husband” also as “spouse”. This law is not going to help any poor people.

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44 sudhank September 4, 2012 at 10:46 pm

Bhai Dil Khush Kar Diya !!

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45 Pallavi June 9, 2013 at 8:46 pm

completely agree with the contentions made by you. Kudos!!

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46 pratibha July 23, 2013 at 3:01 am

u cant change others …u have to change urself….so….u all BECHARA….men…don’t marry….no women ….no property divided…..no headache……simple……….

problem solved…..

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47 RATAN November 4, 2014 at 11:01 am

Pratibha – Rightly said, that is becoming the course of future soon. Some people talk about another possibility as well, a war. WW3 is going to be fought not between countries, continents, religion but between men and women of future:) god knows there after

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48 Lipsa Dash March 6, 2014 at 10:39 pm

hey sunil—want to clear you something—
point no-2- why a girl will respect her in-laws(SPECIALLY BLOODY MOTHER IN LAWS) who continue torture her for money by doing showoff that they will treat her as a DAUGHTER.
point no-4- no girl want to ruin her life with a “man” by keeping sexual relationship just because some lakhs of money…
point no-6- a noble wife when tolerate all these stupid things, still her in-laws complaining about her to their son & the husband or so called son of them without knowing anything starts abusing his wife..
point no-7- cowards commit suicide..if they dont know how to treat a girl & balance his mother & wife they are not eligible for marriage..
point no-12- a girl also starts a new life only to live peacefully not to create such disturbances..

U GUYS AGREE OR NOT BUT FOR DIVORCES, HUSBANDS PARENTS ARE MAINLY INVOLVED BECAUSE THEY WANT THEIR SON TO BE APART FROM THEIR DAUGHTER IN LAW EMOTIONALLY PHYSICALLY SO THAT ALL MONEY (nt love of son) THEY WILL GET FOR THEIR WHOLE LIFE…THEY ARE MAKING EVERY EFFORT TO TORTURE & THOSE HUSBANDS BEING A MAMMA’S BOY BELIEVES EVERY LIE OF HIS PARENTS & AT LAST HE EXPECTS HIS WIFE TO RESPECT & TO TOLERATE & TO FULFILL MONEY DESIRES TO HIS PARENTS & IF SHE CANNOT FULFILL ALL ABOVE, HUSBANDS STARTS EXTRA MARITAL AFFAIRS WITH ANOTHER GIRL OR COMMITS SUICIDE..

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49 RATAN November 4, 2014 at 10:57 am

Could not agree more…….with such a conclusive and data centric elaboration. But then probably cribbing will not help to get men free from this hell hole marriage. any thoughts on what could be a possible solution which can be worked sitting on mines of ground reality.

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50 Roni August 27, 2012 at 9:39 pm

My two cents, not all men are culprit, so are not all women. So, if a man is really culprit, being abusive to his wife, the wife has many remedies available, including infamous 498A. If a woman is culprit, where does a man go? He at max genuinely file a divorce, and may get back in return all the remedies available to the wife / woman :)

Now, can anyone guarantee, that a woman / wife never lies / misuses the remedies already made available to them? Official statistics (NCRB) says that ~98 % chances are there that these remedies are misused. In all those cases, mostly husband / his families goes to jail/ pay maintenance to his wife, and finally pay huge alimony and get a divorce. Supreme court has already termed it as Legal terrorism, due to its misuse.

Finally, any penalty for misusing? I am still trying to find one. Ice on the cake, now they will be awarded with 50% property + other benefits for misusing!

Still, I feel this law should be there for the real victims BUT its misuse must be stopped, else I doubt there will be anyone to use it !!!

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51 Manish Chauhan August 29, 2012 at 8:40 am

Thanks for your views Madhurie .. This law will be extremelly useful in genuine cases which are in extreme, but you also need to acknowledge that this leaves a loophole which can be misused .

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52 Sanjay August 31, 2012 at 11:43 pm

Even 20% would have been good stake. 50% is too big number (to ignore). I think many women will use this law for material benefit or as a threat.

I think bachelor men should start thinking about prenuptial agreement. Hi Manish, this is real topic for “personal” finance. Please come up with followup articles on how to mitigate this risk.

I think after marriage I would go on spending spree as if there is not tomorrow (after marriage there wont be any) and I would try to get as much debt as possible. :)
Ohh, will my wife share my 50% debt? or does the law apply only to property?

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53 Manish Chauhan September 2, 2012 at 9:04 pm

Haha , good one .. debt is not shared by the way !

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54 PDP February 25, 2013 at 8:23 pm

Many men are recommending here that it is better not to marry considering that the bill will give their hard-earned property to unscrupulous wives. My sincere suggestion to such men is PLEASE DO NOT MARRY.

If there is so much fear is your hearts, and you think your future wife is an enemy that must be defeated, then it is better for you to NOT marry. If you think women marry to exploit you and cheat you, then it is better for you to not marry. Marriage requires a lot of trust and tolerance and not everybody has these qualities.

I have seen many women care lovingly and patiently for their old husbands who cannot even sit up without help. They feed them, change them and bathe them.
That devotion and love cannot be bought with money. It comes from years of a shared life, not because of the husband’s money or property.
Remember this when you curse your wives the next time.

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55 Manish Chauhan February 25, 2013 at 8:32 pm

Thanks for your views Preeti :) .. I am on same page with you !

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56 pratibha July 23, 2013 at 3:14 am

I agreed…..totally

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57 Dinesh September 11, 2013 at 8:09 am

VERY TRUE DEAR

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58 SUDHIR KAPOOR September 13, 2014 at 7:23 pm

When the law for 498A IPC was enacted, similar views would have been expressed like Madhurie ji expressed herein above, but, it is now very well established that women are responsible for misusing the law of 498A IPC as held in large number of cases decided by Courts. Sanctity of marriage is losing its significance day by day and males are not sole responsible for abuse to the marriage. It would be inappropriate and ridiculous in saying (usually heard and got bored) that a fair law is passed after decades of harassment suffered by women. There are certainly the cases where married women are having extra-marital affairs and they abuse marriage openly. There may be numerous reasons apart from above where women are sole responsible for abusing nuptial knot. Kis Zamane Mein Baithi Hai Madhurie ji ?? Immense protection already is provided under the law yet not satisfied ?? If such proposed bills are passed, certainly, the time is coming where a man would think thousands of time before getting married. This proposed bill, if it is not passed yet, should not be passed in the future being completely unfair and biased as well as against of Constitutional provision of equality that may be liable to be struck down, otherwise, innocent husbands certainly would suffer a lot in the future and/or would apprehend in getting married.

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59 dhaval August 27, 2012 at 11:25 am

This is clearly one sided gender biased law coming which is absolutely injustice to innocent men at first place . till now greedy wifes could only ask maintenance from husbands after separation (even if they are capable to earn good money but they don’t) and now they going to permitted to snatch away property share from husbands anytime after marriage.

Why it is assumed that women will not remarry again after divorce ?. marriage is becoming more of business and easiest way to become crorepati for greedy women.
Only two marriages break up and any woman can become wealthy by looting and deserting their husbands.

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60 Dinesh September 11, 2013 at 8:07 am

BY LAW ALL MENS AND WOMENS ARE EQUAL
WHY THEY DECIDED TO SHARE ONLY HUSBANDS PROPERTY..
IF BOTH ARE EQUAL THEN SHARE ALL PROPERTY MAN+WOMAN AND SPLIT INTO 2 PARTS…

THAT WAS NOT CORRECT THAT HUSBAND SHARE HIS PROPERTY TO WOMAN…………………………… INDIAN MENS ARE ALSO HUMAN BEING OK,,……. I DISAGREE

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61 Freeman November 4, 2014 at 11:14 am

Dhaval – There is no point in shedding tears saying that this is biased, that is injustice etc etc…think about what can be done to stop this injustice, society must rise against this humiliation, agony and social terrorism irrespective of gender and class. Saving marriage, morality, family all are fine and important but nothing is bigger than humanity and people are loosing that at the moment.

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62 Abhi August 27, 2012 at 11:35 am

Ridiculous Law for today’s times!!
Today women are in par (and incases better off) financially due to her own parents + working/professional environment. She also acquires own assets (see research done stating more 30+ women acquiring own properties). Days when women used to sacrifice for family are long gone.. today they need maid for each and everything in life :-) The law may be valid for rural areas where the women is still dependent on husband for living.. not in urban areas. The law should consider the working education of women, her own assets and her own income. Today’s women do not have the traits to conduct the marital duties as traditional image and so the laws should be framed with this change in mind.

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63 Manish Chauhan August 29, 2012 at 8:38 am

Thanks for your views Abhi !

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64 Avi August 27, 2012 at 11:37 am

Just Google for “the most misused law in India” and you will find 498a IPC at the top. This section has been termed as “legal terrorism” by the Honorable Supreme Court of India.
In simple words this law states that, a corrupt Indian married girl can at anytime and anywhere put husband and husband’s family members behind bars. Remember this is the only law in the world which treats family matters as criminal and husband is treated guilty until he can prove himself innocent.
Just search for “498a victims” and you will find horrifying tales of hundreds of thousands of Indian men being torchered in the name of this law.
Things like what you mentioned above will create more issues in the society rather solving problems.
I am a v optimistic person at heart but with increasing quota(reservation), huge scams and highly-biased-lopsided-laws like 498a, I’m not sure where is India headed.

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65 Manish Chauhan August 29, 2012 at 8:38 am

Avi

Thanks for your views on this topic, I agree that a law can be misused and there are loopholes in these laws !

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66 Phani August 27, 2012 at 11:51 am

I think the below points are against men:
1. 50 % of properties acquired before marriage also gets divided. This got to be ridiculous. Will definitely (and rightly) encourage men to transfer their properties to parents name before marriage.
2. The example you quoted about joint ownership is also ridiculous. And it seems the law doesn’t care about contribution made also.

May be this law will start the trend of prenuptial agreements even for middle-class India :)

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67 Manish Chauhan August 29, 2012 at 8:37 am

Yes.. the law is biased, but in somecases which are genuine , it will be of help , and those cases are really in big numbers.

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68 Roni September 2, 2012 at 3:37 pm

Dear Manish,

As you are mentioning that genuine cases are in big numbers, can u pls come out with some reliable statistics to support the same? On the contrary, I would suggest you to go through NCRB statistics, you will find that 98 % 498A cases are misused. May be you are worried about the statistics that around 8K dowry deaths that it suggests. But then, there are approx 65K married men also dies every year!! Pls don’t say that we men are there only to torture our wives, extract money from them, burn them for not bringing enough money. And those who dies, have a fantasy for dyeing. “The myth goes as: Every married woman dies, it has to be dowry death, but every married man dies it is it is because of financial hardship”.
Fortunately we are leaving in such a country where as a man you are good only till the point some woman raises a finger at you! Whenever a woman complains, if we all know for sure that it has to be genuine only, and not ready to hear the other side, then whats the point in going through the mockery(legal hassles)? Just hand his entire family !! Because men are presumed to be guilty only.

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69 Manish Chauhan September 2, 2012 at 7:55 pm

I agree with you , I said big numbers , not majority . I am just saying there is a class which will benefit , not every case is where men is culprit .

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70 pratibha July 23, 2013 at 3:24 am

shut up……

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71 chandan August 27, 2012 at 12:32 pm

This is not even ridiculousness this all height of cruelty for those men who are innocent but their wives are corrupt..In india there are lot of cases where husband are also deceived by their women not because of they are not good but their wives have affairs with others and get away and divorced to them and even after they not satisfied , proving their innocence to the society they blame that their husband used to harass and made their life hell .With full respect to all women i left this question on them only, if this happening then what do u think is it the right law for men?

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72 Manish Chauhan August 29, 2012 at 8:35 am

Thanks for your views on this topic !

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73 Ajay August 27, 2012 at 12:36 pm

how about liabilities ? Does that get divided as well. If you ask me then it should.

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74 chandan August 27, 2012 at 12:48 pm

No liabilities dear for women …It a win win situation for all women..

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75 Manish Chauhan August 29, 2012 at 8:35 am

Ajay

It will not be divided!

Manish

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76 rahul August 27, 2012 at 1:12 pm

I Won;t say it’s totally ridiculous to have a law like that, in a country where women are being harrased, molested and victimized in front of whole public domain, laws like this can provide some sympathy to a girl soul.
But yes, this law could have put husbands property before marriage outside the purview of this law as well as if the wife is proved guilty of the reason behind the marriage.

PS : I’m not trying to be any feminist but just trying to be practical. this law may sound too draconian in any where in the world but taking into considerations the socio-cultural dis-balances present in India, we cannot overrule the requirement of these laws here. A simple example could be BRT, it could be a successful project in any country of the world But is it here ???

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77 Human August 27, 2012 at 9:22 pm

If you really KNOW that you are not a feminist, can you give EVEN ONE reason on WHY cant these laws be GENDER NEUTRAL?
See around, Pakistan, Sri Lanka, China have gender neutral laws (unless you feel that alleged condition of women in these countries is different from “ALLEGED” condition of women in India).

If you really FEEL that you are not a feminist, can you tell me that what happens to lives of more than 98% falsely accused families? As per Supreme Court of India, about 98% cases filed under these gender biased cases are false. Can you think of your life with even 1 day spend behind bars just because you got married? Think of even 1 day of Jail for a working guy and think of his life and of those who are his siblings / parents. Think of being termed “rapist” just because some girl alleged that? Even if you come out clean, society remembers you ONLY AS A “RAPIST” and your family members are seen as those related to a RAPIST.

Just because you dont know of Harsh realities, dont try to be GOD “WITHOUT KNOWLEDGE”

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78 pratibha July 23, 2013 at 3:21 am

n what u feel if rape happened with ur family member…..divorce with ur sis……… u mens have to control ur kaam first then start the button of ur lusty head…

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79 Manish Chauhan August 29, 2012 at 8:33 am

Rahul

Yes it can be useful, but some exceptions must have been there !

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80 Mitesh Budhabhatti August 27, 2012 at 2:27 pm

Just like politicians, our Judiciary is also stupid. It seems they just do not think. Today’s naari is not ablaa .
Our constitution says that man and woman are equal. But this law draws a line of inequality.

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81 Kannan August 28, 2012 at 2:14 pm

This will make women to go back to women’s good old glorious profession.

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82 Manish Chauhan August 29, 2012 at 8:30 am

MItesh

agree that its biased, but do you think there are situations where it can help ?

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83 Adithya August 27, 2012 at 2:57 pm

First thing :
The law says upto 50% can be provided not that for each case 50% will be provided
It varies from case to case

And secondly may be there will be provisions if the woman gets remarried the amount will be taken back or something

Third what about prenup ,, is it valid in India ,, Can we have prenuptuial agreement in India before marriage ?

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84 Kannan August 28, 2012 at 2:13 pm

We are leaving the other 50% in hands of failed-corrupt judicial system, which already does everything for money.

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85 Manish Chauhan August 28, 2012 at 10:28 pm

Adithya

Can you share the wordings from the actual bill ?

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86 Raju August 27, 2012 at 3:23 pm

Will this still applicable for widows also? what will be the share of sons and daughters?

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87 Manish Chauhan August 28, 2012 at 10:26 pm

Obviously .. They all belong to class 1 legal heirs and they will have same share !

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88 Raju August 29, 2012 at 6:58 am

Thanks Manish. My doubt was according to Hindu succession law all class 1 legal heirs will get equal share. But after this law will the wife gets 50% share or will she get equal share along with sons and daughters (When male person dies without a will).
Thanks in advance.

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89 Manish Chauhan August 29, 2012 at 8:14 am

Every class 1 legal heir has a equal share, provided they are not into a sub branch. IN the case given by you, wife and all children will share equal share , means if 1 wife, 1 son , 1 daughter, then they will get 1/3rd each . But if there were two grandchildren of 1 son who is dead, then these two grandchidlren woud be treated as one entity (thats because the main class 1 legal heir was the dead son) , and they will share between them. Hope its clear now !

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90 nayan mipun August 27, 2012 at 3:56 pm

Aug 27, 2012, Rahul, we should equally make and create “considerations the socio-cultural dis-balances present” about men as well.
Madhurie, Try to see the men’s perspective as well, women and men are equally discriminated historically as well, this one of the most wrong assumptions we make that men are less discriminated than women. My support to all the men’s activists, remember , this law is supported by a number of men too, all these men, brain washed from the their childhood, that men are enjoying and women are oppressed, it is most important to introduce men’s rights issues in ours and the world’s education system.

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91 Sandeep August 27, 2012 at 4:45 pm

See the whole idea is to disrupt the INDIAN society. They ( rightly or wrongly) see that marriage is an important institution in Indian society. Once this is broken, the population growth can be controlled. This is their game plan.
read this blog : http://2ndlook.wordpress.com/2012/03/06/behind-population-control/
http://2ndlook.wordpress.com/2008/01/30/the-mother-of-all-conspiracies-population-problem/

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92 Manish Chauhan August 28, 2012 at 10:24 pm

Thanks for those links , will look at them ! .. can you put the conclusions of those links here ?

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93 Ramesh August 27, 2012 at 5:40 pm

I strongly feel this kind of law is required especially in India where still there are many ‘Male’ beat their wives just to satisfy their ego. I know many cases where women bearing the brunt just because of lack of financial security. Some one is talking about statistics, but these atrocities will not reflect in any of those numbers.
And it is logical that what ever the property one has, it belongs to the both after marriage. So I don’t see any issue on splitting the property by half. And the law is little biased towards female because there are many cases like husband beating wife than wife beating the husband.

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94 Praveen August 27, 2012 at 6:23 pm

you are talking about just the 5%., but the remaining 95% care for their wives and do work hard to make their wife & family happy

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95 sunil August 28, 2012 at 4:58 pm

Excellent Ramesh!!!

But i believe you are highly confused with your own statements

Ur Quote:
And it is logical that what ever the property one has, it belongs to the both after marriage. So I don’t see any issue on splitting the property by half.
:Unquote

So you agree that this law needs to be gender neutral and not only husband’s property should be divided. Even the property of the wife earned after marriage can also be divided. You agree with our point. So please join hands to make it gender neutral and replace the word “HUSBAND” with “SPOUSE”

Ur Quote:
And the law is little biased towards female because there are many cases like husband beating wife than wife beating the husband.
:Unquote

Please note that no body will have problem with any laws, be it 498A or Domestic violence or the current proposal. The problem arises only when the law is misused and the judiciary has failed to implement the law to its core essence to help the real victims

When a wife considers husband & in laws calling her with pet name “PINKY” instead of real name “PRIYANKA” as domestic violence and registers an FIR against whole family, dont you think the law is highly biased towards suck kind of filthy women

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96 Manish Chauhan August 28, 2012 at 10:17 pm

Thanks for your views on this topic!

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97 Praveen August 27, 2012 at 6:32 pm

In recent years saw some instances where the girl had been married to guy. Girl had an BF but marries due to FAMILIES force but won’t tell this to the guy. After marriage after some time the girl reveals this to the guy (why can’t she do this before marriage) & after sometime files for divorce. Asusual in the court she files some thing like harrasment or something else as if it’s guy’s fault. Even at this time the guy with broken heart will agree for divorce. All this had been done within 1 or 2 years of marriage.

This is not a story but had been happened in two cases in my friend’s friends & families.

Upto now everything is fine. But what from present in these cases. So the innocent guy had to lose his heart and money also???? There had be to some thing is that court had to consider if women is financially independent (had a job), or how many years she is with her husband etc.

If this had been passed there are many con-woman ready take advantage and many gullible (stupid) guys to fall in the trap

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98 Manish Chauhan August 28, 2012 at 10:14 pm

Praveen

Yes, thats the sad part and the law opens the loophole in the law and which can be exploited by women !

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99 Neel August 27, 2012 at 9:30 pm

This law will put our Marriage Institution on shaky ground. People will be encouraged for live-in relations which is now slowly becaming a acceptable norm in our society. Men will definitely think twice before committing himself to marriage. This law is surely anti male & will create a huge divide in the society between man & woman.

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100 Manish Chauhan August 28, 2012 at 10:10 pm

Even a live in relationship is seen like a marriage these days , especially if its more than 5 yrs old !

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101 Anil November 7, 2012 at 11:19 pm

Is Live in Relation-ship is a registered practice, If registered, under which Religion it belongs .

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102 Manish Chauhan November 12, 2012 at 8:43 am

It will depend on the religion of both people . Now a days even live in relationship if more than 5 yrs old is treated like marriage .

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103 Anil November 12, 2012 at 1:29 pm

In anyways Live in Relation-ship is not a Marriage.However This kind of Living Together is a wrong belief and it had no religious sanction.This was not religiously defined and were condemned.

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104 Manish Chauhan November 15, 2012 at 7:54 pm

Thats a personal way of looking at it , i am sure many people do not think like that .

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105 Anil November 19, 2012 at 11:40 am

Marriage is a Belief. live in relationship is a practice.

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106 Manish Chauhan November 20, 2012 at 3:57 pm

Good one !

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107 Anil November 19, 2012 at 12:25 pm

We Have faith in God. so, (Marriage) it need not be regulated under Law. Live in relation ship is not like that, so it could need to be regulated under Law.

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108 Anil November 19, 2012 at 1:09 pm

Live in Relation ships should be strictly registered under Law, and that two union people society, should be name it their relation ship, especially, if their relation ship is intend for sex and Carnal pleasure and desire.

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109 Manish Chauhan November 20, 2012 at 3:26 pm

Good to hear your views !

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110 Sudhish August 27, 2012 at 10:39 pm

Why is that women share not shared with husband??? I feel this law should be there for the real victims BUT its misuse must be stopped, else I doubt there will be anyone to use it !!!

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111 Kannan August 28, 2012 at 2:10 pm

yes if wife is crorepati, and husband has 10k then that 10K will be shared each. and wife’s money is not touched. This will encourage marriages to decide only on money all women will expect to marry a male who has lots of money. Poor man will not even get a women to marry!!!

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112 Manish Chauhan August 28, 2012 at 10:03 pm

Sudhish

thats how the law is made .

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113 cholaraj August 27, 2012 at 10:48 pm

this is very happy news for womans. this act very comfortable to cheating marrige. it is helpfull to leave a woman.

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114 Manish Chauhan August 28, 2012 at 10:00 pm

I am not able to understand your comment

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115 Swahilian Ohm August 27, 2012 at 11:20 pm

Manish,

Can you please cite the section and the amendment where it says that “50% percent of the property will be given to the wife”? All I see are following provisions,

1. Divorce will be granted only on the grounds that the marriage in irretrievable, i.e., both parties have been living separately for 3 years.

2. Wife’s right to oppose petition on ground of hardship. In which case, she will have to show that she does not have any financial means. This will invariably exclude all women who have steady jobs and are earning their living. Women who will benefit from this are women who left their jobs or were not allowed to have earning jobs to take care of the family. This is to ensure that such women can sustain after their divorce, since their marriage led to these dire circumstances. Note, no “50%”.

3. Restriction on decree for divorce affecting children. *Both* parties are responsible for the financial welfare of their children. Note, *both* parties. Since, the gave birth to kids, they are responsible for their kids.

None of these sound very exploitative to me. Given that our society is largely unequal, laws are also going to be unequal. There is no ‘anti-male’ agenda going on. This fix is suggested to correct the social balance that hangs in favor of one gender. Also, please note that, no where this says “50% of the ancestral property” which seems the biggest concern of your readers.

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116 sunil August 28, 2012 at 5:23 pm

Hi Swahilian Ohm

You probably read the old version of the bill. The new version after which has been placed in the parliament (Rajya Sabha) is highly deceptive.

1. It will be an expartee order, that is irrespective of who files divorce, who is at fault , who is good, who is bad, the property of the husband will be divided.

2. The residential property earned any time before or after marriage by husband will be shared. Other properties as per court decision

3. There is no time bound for the period of marriage. Wife can get married today, file for divorce next month, enjoy with BF for 3 years and come back and take the husband property

4. While all the other cases filed by wife like 498a/DV cannot be stopped at any level. Wife can just file cases and go to honeymoon as this is argued by state counsel

5. 50% OR MORE….is very clearly stated in the bill. Please read the new version if you cannot understand

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117 Manish Chauhan August 28, 2012 at 8:43 pm

Sunil

Can you give the link for the new bill ?

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118 sunil August 29, 2012 at 1:15 pm

After passing in RS this year (which only talked of division of property only after marriage ), it was sent back for more women friendly clauses. Then there were some amendments which were included at union cabinet meeting level.

The amendments were not approved by law commission but added by cabinet secretary on the not file which is approved by union cabinet. Now it is standing to be again presented in RS. (Might not be possible in this monsoon session)

For some reason, these aftermath amended clauses are not available in public. Some did try with RTI but even those RTI requests rejected stating some silly reasons like wordings duplicated etc.

below are the objections

1. This laws is not only applicable for IRBM(primarily aimed for desertion grounds) only, but will be applicable for divorce on any grounds as per HMA and divorce petition can be moved by any husband or wife

2. It is an expartee order, meaning husband cannot appeal for any exceptions like loan on the property, other responsibilities like parents, other financial difficulties of husband

3. It is like math formula, min 50 percent to wife and in case of children, more than that. No monetary contribution of wife in acquiring the property taken into consideration.(That is why even property earned before marriage is also proposed for division). General prediction that wife contributes to matrimony home just being a wife is the base

4. Financial capability of the wife not taken into consideration

5. Duration of the marriage not taken into consideration. No difference between 1 year marriage and 10 yrs marriage

6. Other cases like 406,498A, DV etc will not be concluded even after divorce and division of property. So husband has to just linger around the courts for no matter what time.

7. The division of property will be addition to all other provisions like maintenance, right to accommodation, child custody

8. Wife assets after marriage are omitted(not discussed), which means that for shared property of the couple, in case of divorce wife will retain her 50% share and is entitled for 50% from husband share. She will be getting 75% and husband left with only 25%

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119 Manish Chauhan August 31, 2012 at 1:16 pm

Thanks for that information . Les see when it gets passed in RS and finally become part of law

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120 Manish Chauhan August 28, 2012 at 10:00 pm

I am finding the PDF for the latest information myself. But you can take the word that the facts are true ! ..

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121 Swahilian Ohm August 28, 2012 at 10:18 pm

I read the pdf link that you provided in your post (http://www.prsindia.org/uploads/media/Marriage%20Laws/Marriage%20Laws%20Bill%202010.pdf). It does not say what your or Sunil’s claim are. I understand that this is all over media. But, that does not mean that we should join the fury. As responsible citizen, we should evaluate what the bill says, and not what the media is reporting. If you can provide me the link to the updated bill which shows what you are saying, I will revise my stand. But until then, I am going to stick to what 2010 amendment says, since as far as I know, Rajya Sabha has passed that version.

The 2012 amendment is concerned with the Sikh marriage ceremony, and does not pertain to divorces. (http://www.prsindia.org/index.php?cx=018421727355159394986%3Adn1kum1nb9e&cof=FORID%3A9&ie=UTF-8&q=marriage+amendment&sa=Search&name=search&siteurl=www.prsindia.org%2F&ref=&ss=3056j915456j18)

Media in India has a tendency to blow everything up without any critical analysis. Since, this forum comprises of people who think critically about everything, I suggest we do the same with this bill. There is no use in participating in the hysteria without understanding what is going on.

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122 Swahilian Ohm August 28, 2012 at 10:33 pm

You can trust PRS analysis of bill, since they are committed to dispensing correct information. If there was a bill like what media seems to be claiming, they would have an analysis of that. They have not listed any amendment that supports what media claims.

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123 Manish Chauhan August 28, 2012 at 10:35 pm

I have taken various media articles are source of truth . But I found one person comment which says he has read the updated bill, I am searching that one, let me get that and come back .

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124 sunil August 29, 2012 at 1:01 pm

After this bill was introduced(the link you provided) in RS, it was send back for further women friendly clauses. Then further amendments came which states that husband property (residential ) earned any time before or after marriage should be shared min 50% while other properties at courts discretion.

Main objections after amendments:

1. This laws is not only applicable for IRBM(primarily aimed for desertion grounds) only, but will be applicable for divorce on any grounds as per HMA and divorce petition can be moved by any husband or wife

2. It is an expartee order, meaning husband cannot appeal for any exceptions like loan on the property, other responsibilities like parents, other financial difficulties of husband

3. It is like math formula, min 50 percent to wife and in case of children, more than that. No monetary contribution of wife in acquiring the property taken into consideration.(That is why even property earned before marriage is also proposed for division). General prediction that wife contributes to matrimony home just being a wife is the base

4. Financial capability of the wife not taken into consideration

5. Duration of the marriage not taken into consideration. No difference between 1 year marriage and 10 yrs marriage

6. Other cases like 406,498A, DV etc will not be concluded even after divorce and division of property. So husband has to just linger around the courts for no matter what time.

7. The division of property will be addition to all other provisions like maintenance, right to accommodation, child custody

8. Wife assets after marriage are omitted(not discussed), which means that for shared property of the couple, in case of divorce wife will retain her 50% share and is entitled for 50% from husband share. She will be getting 75% and husband left with only 25%

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125 sunil August 29, 2012 at 1:20 pm

After passing in RS this year (which only talked of division of property only after marriage ), it was sent back for more women friendly clauses. Then there were some amendments which were included at union cabinet meeting level.
The amendments were not approved by law commission but added by cabinet secretary on the not file which is approved by union cabinet. Now it is standing to be again presented in RS. (Might not be possible in this monsoon session)
For some reason, these aftermath amended clauses are not available in public. Some did try with RTI but even those RTI requests rejected stating some silly reasons like wordings duplicated etc.

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126 Swahilian Ohm August 29, 2012 at 7:01 pm

If it was sent back and revised, it has to pass in RS again. There is a procedure to how amendments are executed and not even the cabinet can go around that. Anyways, the amendment still has to pass in LS.

If you claim that these were sent back, and ‘women’ friendly clauses were added, can you give a source for this? A new article? a link to a video of the press conference?

I would like to iterate the divorce related amendment introduced in RS is Marriage Act 2010, which does not provision for the much hyped ‘50%’. If you think otherwise, provide me with evidence.

A list of bill introduced in RS related to marriage between 2009 – 2012 (http://164.100.47.4/newbios_search/Search2.aspx)

A list of bill introduced in LS related to marriage between 2009 – 2012 (http://164.100.47.4/newbios_search/Search2.aspx)

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127 Swahilian Ohm August 28, 2012 at 10:22 pm

The source of all the anti-male hysteria seems to be this TOI article (http://articles.timesofindia.indiatimes.com/2012-05-18/india/31764519_1_mutual-consent-hindu-marriage-act-share-in-marital-property). The quote,
“The amendment will give a woman right to 50% of the residential property owned by her husband even if it is acquired before the marriage. This will ensure that the woman is not left without a roof over her head in case divorce is given through mutual consent. However, division of other property, money, assets will be decided by the courts,” is attributed to a ‘source’ without identifying who that is. They do not claim this is what the bill says. Note that the ‘source’ can be anyone. It is clear that this person has not read the amendment either.

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128 sunil August 29, 2012 at 2:01 pm

this is not just a “source”, briefing was done by i&b minister over the same in press conference. Instead of guessing what is there and what is not there in the amendments, why not file an RTI and see the reply for rejection for yourself???

It is not just hysteria, it is also a planned move to destabilize family structure in India by making marriage profitable business.

Main reason why India survived 2008 recession effectively???China had a different story as they have top down approach.

But for india, common man’s higher risk aversion and planned savings for rainy day . Credit inflow from the banks reduced but serious impact on the individual households was marginal. Multiple income sources were synergised for one house and not multiple. The background psyche was FAMILY.

If any one thinks that all the bills passed by our so called government is only to benefit people (or women) with no VESTED interests, it is high time that we wake up.

One good bill was RTI, but now the proposal getting ready to limit the max words to no more than 500 and max 3 RTI’s by individual on a particular subject

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129 Swahilian Ohm August 29, 2012 at 7:11 pm

I am not the one guessing, I backed my comments up with articles and documents from the parliament. It is you who has made several statements that seem to be a figment of imagination.

I am not saying that the government does not have vested interest. In fact, I am against internet censorship (http://en.wikipedia.org/wiki/Internet_censorship_in_India) and believe that the this censorship is unconstitutional. All I am saying is, before you say anything, read the bills and provide evidence for anything you say. There is no use over-hyping something that is not.

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130 Swahilian Ohm September 7, 2012 at 9:26 am

Can you update the article to say that the information provided in the article could not be verified? A lot of people read your website and trust it to be a good source of independent reporting. Misleading articles are going to hurt your cause.

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131 Manish Chauhan September 8, 2012 at 9:33 pm

Yes, updated

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132 sanchita sharma August 28, 2012 at 11:08 am

Let me tell you mr NRI husband deserted me 8 yrs back and file a divorce case.
Court ordered him to pay intrim amount he is not paying the same even after being a multimillionere.
My retired father is looking after upbringing of my two daughters. In this duration of on going divorce case for last 6.5 yrs is have seen only women suffering in family courts, believe me its true the laws are amde but the implimentation part are very week in our society.
May be this new ammendment will give a help but its my personal view that the Judicial system should be trained to get the information from all sources so that the ladies are really benefited. Since how a girl with no financial position will arrange for the income proofs and property of husband.

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133 Manish Chauhan August 28, 2012 at 9:50 pm

Sanchita

Thanks for sharing your case with us . We can understand that the bill is of emmence use in cases like yours .

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134 Rani August 29, 2012 at 11:40 am

@Sanchita,

Sad to hear about your plight…. He did not even give you maintenance money for self & kids. Catch hold of a good lawyer……….

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135 Abhinav Gulechha August 28, 2012 at 12:33 pm

Hi Manish

Thanks for bringing to notice an important amendment. I was going through the text of 9 page marriage amendment bill, but failed to find clause for 50% division of property. All I am able to decipher is that “irretreivable breakdown of marraige” has now been added as one more reason of divorce in both the Hindu Marriage Act and Special Marriage Act. Have I read the wrong text?, please clarify.

If such a provision for 50% division is true, it has the potential to be misused in some cases and though I have no finer understanding of Hindu Marriage Act and this amendment, I hope the lawmakers should have inserted some safeguards to prevent such a misuse. Also, the law should be reflective of the changing times where both spouse are educated and can earn livelihood independently.

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136 Kannan August 28, 2012 at 2:06 pm

Yes there is high possibility for misuse. Already we have 498a, DV for misuse and this will also help them heavily. And the combination is deadly dangerous.

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137 Manish Chauhan August 28, 2012 at 9:44 pm

There seems to be a new PDF which has that wordings, I am not able to find it right now , but you can safely take it as its all over the media. Yes there are loopholes in the bill and will be misused just like the domestic violence act !

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138 Paresh August 28, 2012 at 1:32 pm

I think,ladies themselves should oppose such laws as such laws can mess up lives of their own children.

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139 Kannan August 28, 2012 at 1:49 pm

Nope why they will oppose?

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140 Manish Chauhan August 28, 2012 at 9:36 pm

Paresh

Whats the logic of that , can you explain ?

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141 Paresh August 29, 2012 at 8:35 am

Its simple.
Just I want to say,female section should understand that such laws can be misused and unfortunate victim may be from your own family like your brother, son or any nearer member of the family.

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142 Kannan August 28, 2012 at 1:43 pm

This law is not going to help any poor people. Rich people will not be affected as usual. Only middle class people which is almost around 60% in our country are going to be affected. Man will loose 50 percent of hard earned money. This will lead to social evil, encourages live-in relationtionship, casual sex.. There must be a difference for 10 days lived wife to 10 years lived wife. What happens if a evil wife files false 498a and also files IrBM, she will get property and also husband will fight for dowry case and wife will enjoy with other person to file another false 498a. This law will not be helpful by any means. Only politicians will be helpful for vote bank politics. For sure one day all these politicans wives will file false cases and run away!! JaiHind- Kannan

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143 Manish Chauhan August 28, 2012 at 9:35 pm

Yes .. agreed that the law has loopholes and can be exploited as you mentioned !

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144 Rajesh August 28, 2012 at 3:42 pm

Hi, (Corrected)

The divorce law is incomplete as it was earlier.

How does the law help if:

1) Husband doesn’t have significant asset (literally all assets in his parent’s name)
2) Female is a major earner & contributor amongst the couple
3) Husband sells his property to his parents expecting divorce (sought by spouse)

Will appreciate your comments.

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145 Manish Chauhan August 28, 2012 at 8:57 pm

Rajesh

1. Its fine, nothing will be divided then , only the properties on husband name will be taken into consideration

2. Still the same law, women income and assets are not considered

3. Yea , that husband can do , thats the loophole :)

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146 Kannan August 29, 2012 at 9:52 am

Still in another clause this amendment mentions, husband cannot contest this IrBM divorce whereas wife can contest. This means if wife files false 498a and DV and files IrBM divorce then husband have no other choice only to run behind courts and wife can coolly settle another life.. Husband will still loose his hard earned money on all these false litigations.

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147 babu August 28, 2012 at 7:09 pm

@Manish
where are you? hope you are unable to read the whole and generous comments(fights???) on the hottest topic? or i don’t think you are soo afraid of your wife !!!!!!!!! hahahahahah

@ everybody
these kind of laws are making people more practical rather than making them humans with emotions and compassion ( see what Rajesh said on August 28, 2012 at 3:42 pm ) are we need to apply all our so called skills to leave a life with wife with the family??

@Paresh ( August 28, 2012 at 1:32 pm)
paresh i dont know that will ladies dislike this law but i think they should because majority of them have their children families (specially with boy babies) so they too get a in law and lets not forget the saaga–
knyoki saas bhi kabhi bhahu thiiiiii——-

@SUNIL( August 27, 2012 at 3:40 pm)
Boss you look like master of probabilities !!!! hahah good options derived
better you should try F&O trading hahahha

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148 Manish Chauhan August 28, 2012 at 8:21 pm

Babu

Yea I am reading the comments and enjoying it too .. while everyone is free to express their views on topic, there is nothing wrong or right and I am no one to commnent :)

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149 sunil August 29, 2012 at 12:34 pm

If you think these are only probabilities, then god save us….these are some of the practical cases i have seen

The occurrence of the probability of low as on date…agreed, but could be very high in coming years.

Coz for the simple reason, a women in the marriage cannot claim the kind of property (if husband has) during the marriage, but will only gets when she decides to break the house.

Im against abuse in the marriage, be it wife or husband , and hence i think NATURAL JUSTICE should be implemented in this kind of laws (rather than GENDER NEUTRALITY) where victim gets benefits and culprit gets the boot

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150 ramish August 28, 2012 at 7:15 pm

@ladies

don’t ever dare to make any comment on these kind of issues because here are the the whole army of males with burnt a** and shattered with anger, fear & helpless ness hahahahah

just enjoy there deep rooted fears and finally you may get some new ideas to make it more worse for them by them self hahahahhaha

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151 Manish Chauhan August 28, 2012 at 8:20 pm

Thats a bold comment :)

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152 RKG February 14, 2013 at 11:11 pm

In the same way there is army of women with burnt a** and shattered with their weekness, fear, helpless who just don’t want to go ahead with real hard work rather than take advantages of biased laws.

All Men will definitely enjoy from the day when they will stop marrying, onwards no women will be millionaire or billionaire, all will live an average life , because there will be no men to give security and money.
And all such biased laws will moan with all ladies.

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153 rani August 28, 2012 at 11:48 pm

@Ramish,

Go take a hike…… Hope the same happens to ur relative.

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154 Rajesh August 29, 2012 at 12:40 am

Manish,
Please help understand this article. If a husband has say 80% of his assets in financial products like stocks, MFs, FDs etc and just one residential property (house), then the spouse gets only 50% of the house and none/part (lesser portion) of the financial investments? If that is true, then does it not make sense to keep most of the assets in financial products rather than residential assets like land, plot or home?
Also, if a husband has commercial properties (for rental income from small retail stores) then does it not count towards spouse’s share during divorce? Please provide more clarification.

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155 Manish Chauhan August 29, 2012 at 8:20 am

Rajesh

Wife will be able to claim her share in everything which husband owns, each and everything .. But this law states the quantum of the wife share in residential properties of husband and its 50% without any discussion . For rest everything, it will be decided by court based on case to case basis.

Manish

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156 Kannan August 29, 2012 at 9:47 am

Rest 50% and all other movable assets will be decided by our failed-corrupt Judicial system on how those money will be shared.

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157 Kannan August 29, 2012 at 10:05 am

If wife wants money then file HMA 24, or CrPC 125. If wife cannot get money on this corrupt judicial system even in new amendment wife cannot get money. Judicial system needs to be corrected not the laws. Judicial System Accountablity laws needs to be framed correctly. Indian Judicial Services will be one way to sort this out.

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158 yodha August 29, 2012 at 12:13 pm

In spite of the fact that 80-85% of divorces are initiated by women(source: http://www.tehelka.com/story_main43.asp?filename=hub311009the_rearranged.asp), the bill aims to ‘empower’ wives to veto any divorce filed by husbands on grounds of ‘irretrievable breakdown of marriage’ while the husbands who want to save marriage will not be allowed to oppose similar petition by their wives. There is a hidden presumption that married women are always with good intentions whereas married men are basically villains.

Important points not considered in the bill

1. A hoax being perpetrated behind these amendments is that poor and destitute women are left without home and property after divorce. Has the government conducted a single survey on the topic of the social and economic status of the couples who file for divorce? If it was done, it will be known publicly that divorce in India is predominantly a middle and upper class phenomenon, and 80-85% of divorces are initiated by women.
2. There are already provisions in Hindu Marriage Act Section 27 wherein the property jointly acquired after marriage can be disposed off by the courts between the divorcing couple. So it is inexplicable as to what need was there to put additional provisions in Hindu Marriage Act that the courts would now need to decide on women’s share in the matrimonial property at the time of divorce, to which they have contributed during the marriage. Such provisions are already covered under both HMA as well as under Transfer of Property Act.
3. The government has ignored the most damning evidence that the suicide rates of married men have been consistently increasing since last 10 years whereas the suicide rate for married women has stayed the same.
4. The government prefers to keep its eyes closed to the fact that lot of cases filed against men in matrimonial matters including under IPC 498a, DV Act, maintenance laws being contain false allegations by wives, solely to extract leverage and advantage in property and financial settlement. At the end of long trial, the courts simply pronounce the judgment that there was no evidence found to support wives’ allegations. If there were not enough laws already to incentivize victimization of married men, the government seems to think it has unfinished business here.

5. Ignoring men’s extended family’s responsibilities: The married men of working age are expected to undertake financial obligations of whole family which in Indian context means their parents and even dependent brothers and sisters. But the proposed amendments ignores the rights of husband’s parents and siblings and is solely concerned with giving property rights to women at time of divorce irrespective of duration of marriage.

The law talks only about wives’ rights and has no mention of their responsibilities as wives. These amendments are in continuation of the trend evident in Hindu Marriage laws which seek to define only obligations of married men and only rights of married women.

The proposed amendments if accepted will reduce men to status of slavery in marriage. These so called attempts to achieve equality for women are nothing but attempts to create feminocracy in families and ultimately reduce men to second class citizens and create breakdown in society and a fatherless society.

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159 Manish Chauhan August 31, 2012 at 1:28 pm

The 5 points you have given are very well thought . thanks for taking time to put it across !

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160 Manish Chauhan August 31, 2012 at 1:29 pm

Thanks for putting your comments, the 5 things you mentioned are really well thought

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161 Archu August 29, 2012 at 3:10 pm

Manish I would like to know the minimum perid required for filing petition for getting divorce after marriage. Have you found the new Amendment bill presented in Rajya sabha?
please provide me the link.

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162 prabee August 29, 2012 at 7:56 pm

My Point is simple the “LAW is terribly UNEQUAL”

We can go on and on debate about the plight of rural women and crooked women from other part who can try benefit from this..but at the end of the day when you design a law it should be fair to all party.”No questions asked” is in no way equal to both genders.

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163 Srinivas August 30, 2012 at 10:19 am

This rule/law/subject can be argued both ways and whichever way one argues, easily rises passions on the other side.

If one sees in depth, there are two important points.

First, relation between a man and woman. As such trust is to be the bedrock for a marriage or a relation. For various reasons(though many say circumstantial, most of the reasons have personal weakness as origin) when the trust is broken, each party tries to get maximum benefit from the situation. This entails many bitter wrangles.

Second is judiciary, which is not above criticism(in this context and many others). One can buy justice for oneself and deny justice to others, provided one has sufficient wherewithall(money, connections etc).

Till the above two core issues are addressed, there cannot be proper(win win) justice in this situation. It is incorrectly thought that more and more stricter and (often biased towards the oppressed) laws will improve the situation. However as can be seen, the required improvement is not obtained.

Previously when this law was absent, it was said that, distaff side is getting adversely impacted and now it is being said that males are impacted adversely. This indirectly show that the problem is elsewhere.

As regards arguments that wife getting 75% is illegal etc, the basic thing is retaining marriage relationship. If both(man and woman) works to retain the relation, transcending ersonal egos, the law may not any impact one either party.

As a corrolary, knowing this law, it is good for either party to be wary and protect its interest, in case inevitable happens.

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164 Manish Chauhan August 31, 2012 at 10:35 am

Srinivas

Excellent comment and some really deep thoughts on the issue :)

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165 Joel August 30, 2012 at 12:10 pm

Dear Manish,

I must say you have let the cat out of the bag … :) This is an explosive topic. It also makes me wonder what is your intention in bringing up this topic on a website meant for financial education :) Some hidden warnings that you are giving out :) Manish , jokes apart what I fear and most probably what I fear will come true . Men will start comparing marriage to financial products . Products like ULIPs or endowment policy , it’s just plain stupid to buy , where the product is useless in terms of returns and cost involved , it is simply to expensive . Similarly marriage will also become a commodity/product weighed by returns and costs involved and evaluation would begin with questions which start with “ What if God forbid I as a man get trapped .“

More than the financial implications I am more worried with what happens to the social fabric. Love , trust , loyalty and other things on which marriage is based . I somewhere read in all the long list of comments where one gentleman rightly mentioned ” This will lead to social evil, encourages live-in relationtionship, casual sex.. ” Men will not honour marriage if cost involved are so high. This kind of law only appears to work for women but in the long run would be more detrimental to women and society both.

Why I said I am not worried about the financial implications is that men will find a way to get out and then my fears of social evils would come true. Already ideas have started pouring in.

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166 Manish Chauhan August 31, 2012 at 10:23 am

Joel

The reason for bringing up this topic is that it is related to financial life and people are not aware about it , simple reason . Thanks for your detailed comment on this topic and opening up your views !

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167 PDP February 26, 2013 at 12:51 am

I really like how the proposed law is making men think long and hard about the pitfalls of marriage. Most Indian men enter marriage thinking that they will get food, children, sex on demand and care for their aging parents.

In return they make their wives feel grateful for giving them a shelter over theirs heads and food in their stomach.

It would be wonderful if many Indian men refused to get married. Then Indian women would not make marriage the only priority in their lives. They would pursue education, financial independance and think of a meaningful life.

So my appeal to all Indian men is that since you are so scared of all these “pro-women” laws, do all Indian women a favor and REFUSE to get married.

Believe me, if men don’t get married, many women will discover that there is life beyond marriage and serving pati parmeshwar.

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168 Manish Chauhan February 27, 2013 at 10:11 am

I would say its a great reply . Men needs to rethink what marriage is all about . I would say there are good men around , but thats rare !

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169 Vijay August 30, 2012 at 3:24 pm

Does the law in India allow ‘pre-nuptial agreements’ like in the western countries ? We can get into an agreement upfront before marriages as to what the spouse gets post divorce (in case that event happens?). This should provide some respite from this one-sided law.

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170 Rajesh August 30, 2012 at 9:16 pm

What about folks who are already married? How can they go for a pre-nup agreement in such situations?

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171 Manish Chauhan August 31, 2012 at 10:10 am
172 Pankaj August 30, 2012 at 11:02 pm

Does this law apply only to Hindus? What happens if the guy converts to other religion when he sees that the marriage is headed for divorce just to save the property.

Just a passing thought..

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173 Manish Chauhan August 31, 2012 at 9:42 am

Pankaj

The law should be applicable for the religion whatever exists at the time of divorce !

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174 ravi August 31, 2012 at 7:06 pm

I think, the article name should be changed. Because, it doesn’t matter a man love his wife or not, it’s matter his wife loves him or not? men are just slaves for the sake of socalled women empowerment.

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175 Manish Chauhan September 2, 2012 at 11:19 pm

Thanks for your views on the topic

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176 Sreedhar Dhekonda August 31, 2012 at 8:57 pm

This law is totally unjustified. But, this clearly is not the only solution for women. Due to this law men there is an ample probability of increasing living relationships(where most of the cases will end up without marriage as this law does not apply for this relationship). And one more case is that immovable properties can be purchased in the name of parents or brothers as the same will not apply for divorce. So , please try to make ammendments to increase the realtion between men and women after marriage not to break it.

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177 Manish Chauhan September 2, 2012 at 9:20 pm

Thanks for sharing your views on this topic

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178 Deepak September 3, 2012 at 1:13 am

This is very wrong. It will give rise to:
1. False dowry cases.
2. False family violence cases.
3. It promotes women to cheat on their men, and get his hard earned money.
4. It is surely going to break Indian Families.

Suppose a case, where women is cheating to her husband, and having extra marital affair with anyone else. And she demands more & more money from husband to fulfill her wishes.
One day poor husband see her wife with other man. What will he do?
a.) divorce, and give half of his hard earned money to his wife, and also half salary, and continue seeing his wife with other man. (Worst than death)
b.) remain silent and continue seeing his wife with other man. (Worst then death)
c.) A suicide. (Death)
d.) Kill his wife/lover (Death/Life Term)

So, it will create chaos. And will increase crime. (As far as I think)
For girls, its GOLD GOLD GOLD.

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179 Manish Chauhan September 3, 2012 at 6:59 am

Deepak

Thanks for sharing your views on this topic .

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180 Manish Chauhan September 5, 2012 at 9:37 pm

Thanks for your views on this topic :)

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181 Saachee April 23, 2013 at 11:11 pm

why kill wife. better kill our self. then only law will amend.

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182 sudhank September 5, 2012 at 12:04 am

Memorandum on Marriage Law (Amendment) Bill 2010

To,
Hon’ble Law Minister,
Mr Salman Khurshid

Regards,

Wasif Ali
Treasurer, Save Family Foundation (Regd.)
Mobile: 9818509406

Copy to : Hon’ble Prime Minister

http://www.savefamily.org/index.php?option=com_content&view=article&catid=1:latest-news&id=300:Irretrievable%20Breakdown%20of%20Marriage&Itemid=50

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183 gokul September 5, 2012 at 5:26 pm

Another Non Sense bill from UPA-II

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184 gokul September 5, 2012 at 5:28 pm

Anything other than Lokpal will make sense these politicians.

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185 anamika September 5, 2012 at 10:18 pm

This might be helpful for married girl from a middle class family. He marry me just because I am a good student. My husband want divorce from me for some unknown reason(he wants to stop my study) but still now I am a student I don’t have enough money(except my scholarship) to fight against him. My father also passed away. Helpless Helpless .He want mutual divorce. I don’t want money from him I only want a mental support from my husband. Because after a long time I may able to get money from him. At that time I am also able to earn money.

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186 Girish September 10, 2012 at 5:29 pm

anamika,

Best thing to do is, get to know why he wanted mutual divorce. Be close to him and have a discussion, what he really wanted and why he wanted to give divorce. probably some mis understanding or something he wanted in you, then you may change or you clarify him. this may solve your problem. Please work out on this.

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187 nandy September 7, 2012 at 3:29 pm

Men only know how to use women that too free of cost for a comfortable life in the name of society and traditions.When it comes to duties in form of monitary benefits to woman who invested her everything in marriage they paint them as Bad women .
Most men are mean.

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188 ppp November 2, 2012 at 8:46 pm

it doesnt mean you women to misuse such things, i have seen most women doing, devils.
they-gays who do such law in favor of women to ruin the life of men, now a days marriage has become like a crime for men who has to face punishment without any mistake but just doing a crime(marriage) its all fate .

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189 Girish September 7, 2012 at 7:45 pm

Good View “Deepak”. Property share has to be decided based on who is guilty and financial dependency.

1) husband guilty and wife dependant :
If husband is guilty and wife entirely depends on him, then in that case giving 50% of property, works as medicine for wife to lead her rest of life.

2) husband guilty and wife not dependant :
If husband is guilty and wife does not depend on him for living, then in that case, Some percentage of husband’s property can be given to wife as decided by the court(may be 10 – 20%), based on the finanacial condition of husband, As she sacrificed part of her life for him.

3) Wife guilty and wife is dependant :
If wife is guilty and she depends financially on husband, then court have to give only some monetary benefit to the wife say 5% of property (or) very minimal amount of monthly income to lead her rest of life until, she gets married to other man.

4) Wife guilty and wife not dependant
when wife guilty and wife not dependant on husband, no need to pay anything to wife.
still if incase husband wants to donate some money out of love for her, he can do it :)

Wow What a policy is this haaa :)

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190 Manish Chauhan September 8, 2012 at 9:16 pm

Good one :)

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191 Sunil September 13, 2012 at 4:19 pm

Hi Manish

I was wondering why dont you create a new article on the salary to wife concept. Lets see what our friends have to say about this wonderful proposal

http://articles.timesofindia.indiatimes.com/2012-09-09/india/33713041_1_krishna-tirath-homemakers-economic-activity

Good Luck

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192 Manish Chauhan September 13, 2012 at 7:20 pm

I read about it some time back . Interesting and funny at the same times . Not sure how people will recieve it !

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193 Sunil September 13, 2012 at 8:10 pm

Sorry, but if we think that this government works on the basis of what people thinks or wishes, that will be childish.

People think scams are wrong and guilty should be punished, is that happening???

VOTE BANK Politics sirji….Quota for promotions, salary to wife, property to women even just married for one day….god save india

Any ways, thanks for your reply. But somehow, i think this will also impact the investment. Because, when effectively 10-20% of the salary is taken away from your pocket, how can we expect the savings to be effective??? And not necessary that every wife might be willing to share the same again on the family itself as it would be the salary. I just posted as this could also be from investment point of view.

Good Luck

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194 Udayan October 18, 2012 at 3:17 pm

Dear all,

What if earnings of the husband is not enough to live and wife also works but disagrees to share her salary.
Wife gives here salary to her mother and father. What if the house is on loan which is purely paid by husband only, will there be share for paying of the loans in 50% by wife.

My father in laws arguement is I didn’t celeberate my wifes b’day, neither I bought new clothes for her daughter. FL is saying I should leave my job and find a new job where here daughter is staying.

And if this kind of bills are passed by parliament then now all males will have to stop marrying.

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195 Manish Chauhan October 19, 2012 at 8:54 am

Thanks for your views Udayan

Just understand that the Bill is not yet passed.

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196 SAGNIK September 8, 2012 at 2:19 am

Its such a shame to livein India.

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197 ppp November 2, 2012 at 8:50 pm

ofcourse better flood come and destroy india :D

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198 Amit September 13, 2012 at 3:39 pm

What about those greedy parents of wife who keep eye on their daughter’s husband money and property ? I am facing such case where my wife’s parents have misguided my wife and now they had filled wrong cases against me and my parents.

Now they have taken money to cancel all the cases. See that kind of law we have totally disturbed and biased. No use if husbands are innocent.

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199 Manish Chauhan September 13, 2012 at 7:22 pm

Thanks for sharing that experience.

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200 Akhil Mittal January 20, 2013 at 6:22 pm

I can understand as I am an IT professional getting handsome salary. I am also in same boat. This is a business for those bitches and their parents. There should have been some way to point those greedy arse holes :(

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201 sonu March 28, 2013 at 7:41 pm

collect proper evinced that you are been expolied by ur wife & inlaws
Then produce them in court

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202 Mahesh Gokhale September 16, 2012 at 9:10 am

Hi Manish:

I see that you write that the bill is passed in the Rajya Sabha but when I inquired it comes up that it is presented in the Rajya Sabha and returned back to the committee for modification without passage. Here is the website:
http://www.prsindia.org/billtrack/the-marriage-laws-amendment-bill-2010-1227/

Now I am not sure if your information is correct or this PRS legislative research has its information correct. Also, when I searched google I did not get any positive confirmation of the passage of this bill through Rajya Sabha. Could you please provide me from where you got this information?

Thanks
Mahesh

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203 Manish Chauhan September 16, 2012 at 6:55 pm

This one seems to be the old one , It was recently passed by Rajya Sabha and the one I have put the article for seems to be the latest one , however it still needs to be passed on by the Lok Sabha !

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204 Mahesh Gokhale September 16, 2012 at 7:08 pm

Hi Manish:
Is there any link or article that you can provide me to support your claim?
I provided you the link to confirm that your information is incomplete. I have a friend who is PA to a well known Member of Parliament. I have also asked him to provide me the details if possible from Rajya Sabha article publications and I would get this in a short while but to the best of my knowledge the article is published based on incorrect or irrelevant information. I am not saying you are incorrect but the fact is not what you published here.
Thanks
Mahesh

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205 Manish Chauhan September 17, 2012 at 6:36 am
206 Mahesh Gokhale September 17, 2012 at 12:00 pm

Hi Manish:

This is a recent reply from a PA to MP. He has confirmed that such a bill has not been placed in Rajya Sabha yet.
Also, I checked all the links that you have placed on the top. In every link, they claim that “Union Cabinet” has cleared the bill. Nowhere I find a mention about Rajya Sabha passing the bill.

Thanks
Mahesh

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207 Gaurav chandna September 17, 2012 at 10:29 pm

Hello Mr. Mahesh,

I agree with you.

The PRS website (http://www.prsindia.org/billtrack/the-marriage-laws-amendment-bill-2010-1227/) says Marriage law amendment bill is pending in Rajya Sabha so it looks like it is not passed yet.

Secondly, if you go into the ‘Standing committe report’ and ‘standing committe PRS summary’ link on the right side of web page, it is clearly proposed and agreed about division of property only in situations where wife has contributed to the property along with husband. Look at chapter 2 – para 13 , 24 and para 7 under chapter 4.

Regards,

Gaurav

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208 Manish Chauhan September 18, 2012 at 10:28 am

I remember various media articles claiming that , on which this article was based. I have made appropriate change in the article, thansk for pointing that out !

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209 PS RAWAT September 19, 2012 at 12:18 pm

50% share of property to wife in case of divorce. There should be amendment that only that 50% property share which buy after marriage, because earlier marriage she had no contribution to earn that property

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210 Manish Chauhan September 19, 2012 at 5:19 pm

Lets see what happens in the final bill !

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211 sonu March 28, 2013 at 7:38 pm

Mr. PS Rawat,
Even after marriage women has no contribution to earn property..
on contrary its very very tough to buy property after marrige..
because men expense increases 4 times
my friend Amit go married 5 year back & till date he is not able to buy property
because of his overhead expense like big flat rent wife expense of fashon clothing makeup & regular expense of valuable gift to in-laws family member
where as i am unmarried & i m able to own a small flat in nodia

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212 Saachee April 23, 2013 at 11:08 pm

In today’s situation don’t marry….

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213 Sekhar September 22, 2012 at 9:16 am

I’ve not read the complete details, but from what is mentioned above it looks highly biased and favoring women. In case of divorce the family situation and financial condition of the parties have to be taken in to account.
My views and suggestions are below:-
1. The 50% compensation or share should be gender neutral (assuming both husband and wife are qualified and earning)
2. The property in question should be the property acquired after marriage.
3. This point will even be better than point 1 & 2. The compensation for divorce should only be for income and livelihood. The property acquired by husband or wife can remain with themselves unless there is a genuine need for a share (in case of housewife purely dependant on husbands income). Even in genuine cases the wife can be compensated by alimony or compensation only.
4. The laws mentioned in the article will encourage a mass movement by wifes to blackmail husbands. It can also encourage more divorces and cause social ill. This is actually encouraging educated as well as well to do women in cities and towns to use this as a weapon to legally terrorize husbands.
5. Women who genuinely want to seperate and divorce without the need for money, will now get motivated to use this law to make a jackpot.
6. These rules can only be used for rare exceptions where the husband has done some adultery, or has been continuously ill treating wife. But the same benefit should be extended to husbands who are harrassed by wifes too……not one-sided.
7. Continuing with point 6 the courts or judges have to go on this case by case as every relationship is different with a different family set up, financial abilities, personal responsibilities, needs of children, etc.

I have a few questions.
What if the property belongs to joint holders – husband and his brother, husband and his father/mother, etc. ?
What if the wife is economically better off than husband?
What if the divorce is due to wife’s fault….like a case where she harrassed husband or she being involved in adultery, cheating, frauds, etc.
Remember all women are not sati savitris and all men are not the reincartation of shir ram. So laws have to be balanced and judicious to both and take the circumstances in to consideration.

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214 Manish Chauhan September 22, 2012 at 9:40 am

Thanks for your views Shekhar

This is just passed by the cabinet as of now and has not become a law yet ! . So lets wait for the final thing .

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215 anamika February 17, 2013 at 1:17 am

This is bias?
After marriage women need to go to in-laws house. and this become her house. Also parents-in-law and her husband make torture with her.
From that the in-laws family may be stop torture. Their must be some law for educated women. Whose husband is in adulatory.

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216 RKG November 4, 2012 at 6:21 pm

Government is using unfair means to promote and empower weak and non deserving people in this country :-

1) 50% share to wife, WOW so foolish law, why Governemnt dont force 50% share of each women in her fathers property ?????? Give Answer, I would say …even those Law makers must be punished who are making biased Laws..for non deserving advantage of weaker section of society, Learn from Kalpana Chawla, she never used any Reservation of such foolish things to reach at top of world, I salute her, But I definitely disregard them who goes up by unfair means and Laws

2) Too many biased Laws…Dowry, 498 etc, why Governemt dont interfere at time of marriage, when things are settled, Why Governemet is getting a hidden agreement signed by every Men??? Every marriage must have an agreement, and Goverment should be involved if Givernemebt is only taking side of Women, when dispute occurs. Women enjoy ..all hard earned money and lavishness earned by husbands, Non deserving ladies …dont want a bright career, rather they want todo small job for ..proving that they are working and they cant help in home works much…why they dont want to compete with Best in the world , why they want to keep only small job …becuas ethey know very well…husband is making millions, and they can just do small job so that they are called working ladies and they can refrain from many homely responsibilitiues….If anyone from Mahila AAyog has courage to argue with me, come ..welcome…Note : Dont use again deplomacy and unfair means to shut my mouth, Otherwise I would also say whole mahila aayog should be punished to push making unfair laws.

3) Laws are for those who really need them, Laws are helping those bitches who are using these foolish laws to fool and make mockery of whole Legal system,

4) Resevations are for those who are below poverty line and not for SC, ST etc..
Resevations can be for Handicapted person which is ethical and moral…
Even I believe …whay any sort of Resevation ??
No Need, If Government has courage to open up Lavish Schools free of cost for Below poverty Line people…will be good…but its completely unfair to give Reservation.

5) Every Law process is so slow??why ?? why we dont want to improve…??

6) Stop Marrying all good Guys….as you will be fooled by your wives?? For sure it it will save you from loosing millions you earn, And also it will stop Unfair Empowerment of wifes [Note that I did not use Women word here]..because reality is Governemet is doing Empowerment of Wife and not Women..

7) Why Law makers are so dump to take changes immediatlkey…Even SP, SSP, Megistrate kind of peopple are seen saying that ..we know wife and wife family is wrong, but what we can do, as they have orders from Govermenet?? They simply say..they are bound to Laws, I dont believe so, an Immoral Laws is itself a culprit, I would Request all Police of this country..dont follow immoral laws…dont fear to loose ur jobs…if every police valla keep giving support to morality, how many police force Governmebt will debar from their jobs, Goverment will itself become bound to lean towards moral Laws…

8) Also Last thing, its just a falsely created illusion taht Men can not take care of their child, when everything is going well in a marriage, Men actually takes care of everone in the family, after things goes wrong, why this false presumption…

If women has become so smart..they can earn their own pie, why to ask for ailmony,
All Men can take care of their child…and Men can have theeir child, in that case Men is eleigble to get 50% share of wifes asset ??
Because all these things are created falsely..that women will have child.and she will win all sympathy of society so become eligible for getting 50%.
What If I am ready to take care of child, will I get 50% share, ??

9) why Law forcing Men to become weak and give their 50% assets, whynot give all 200000 Lakh Crores..which governemt has earned from 10000 SCAMS, In India on SCAMs….a new degree can be started, many books can be written, WOW!

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217 Manish Chauhan November 6, 2012 at 4:27 pm

Thanks for your comment on this topic !

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218 Saachee April 23, 2013 at 11:04 pm

ITS TURE….. In today’s situation better date and enjoy the world. you wont find mother love in wife.

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219 RKG November 4, 2012 at 6:29 pm

One more thing I want to add…India is only country where Home Help Service is available and Maid service is available, wife gets…lot of help in their responsibilities…like Maid, Baby Sitter, Driver etc ….who helps Men is their Jobs ???

All Ladies, Reality is that this Governement and Law Makers themselves have created illusion that Ladies are weak, by making biased laws for you.. You are not weak…Just focus on fair means..and work hard you can achieve whatever u want and can go at top of this world. Many strong woment have done it, Beleieve it they jnever used any unfair means to go at top.

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220 Manish Chauhan November 6, 2012 at 3:26 pm

Thanks for your comment !

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221 RKG November 17, 2012 at 4:01 pm

Law Makers are handicap, they could not eradicate Dowry – which is old and bad tradition in India, due to frustration and to take revenge from Men, Law Makers started Maintenance and Alimony.

Maintenance is another form of Dowry but in Reverse Direction. Forcing someone to give hard earned money, is not fair. Everyone thinks that Giving or taking Dowry is crime, and just reversing direction of Dowry [Maintenence] is not crime ?

Why Law don’t interrupt at the time of Marriage.
Laws are getting signed a hidden agreement from every men..which is not fair.
Stop Marrying!

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222 Manish Chauhan November 20, 2012 at 4:17 pm

Thanks for sharing your thoughts on this topic !

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223 MP November 18, 2012 at 5:27 am

Divorce and Property sharing will help to only rich people and they really don’t need money at all. Other side poor/needy and illiterate people will not approach to law and order as they can not afford and they don’t know.

Creating difficult and very tough marriage and divorce law is not the solution. By this way promoting single/bachelor life like western countries which will destroy family structure and other side promoting adulatory.

How government helps to divorced women? Why not government grant funds for divorce women to support her until sh get married? Is there monthly compensation, matrimonial support and employment opportunity for divorced women and kids? Every individual paying TAX but they are not getting any benefits by any means. Its just game trying to create more business for law farms and vote bank for politicians.

Who will re-marry to divorced women and there un-married sisters if she is giving tough time/crashing other family by misusing dowry law, divorce law and other laws. Think and r-think, how to create healthy and balance family life before making Law.

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224 MP November 18, 2012 at 5:40 am

Dear moderator,
Please replace in my comment dated November 18, 2012 at 5:27 am “matrimonial support” with “financial support” in 3rd para.

Thanks.

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225 Manish Chauhan November 20, 2012 at 4:11 pm

Thanks for your view on this topic !

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226 sonu March 28, 2013 at 7:21 pm

totally agree with MP

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227 Rhea November 28, 2012 at 9:28 am

Hi, is the above bill passed and is a applicable law already ? Is it now possible to get urgent divorce and not wait for the 6 months waiting time? Appreciate advice on the 2 questions . Thanks.

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228 Manish Chauhan November 30, 2012 at 12:22 pm

Its not a law yet ! . Its just a bill passed and you will have to wait for 6 months before getting divorce under present law !

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229 rahul December 7, 2012 at 3:22 pm

My girlfriend slept with guy just three days before we got married. And we had a court marriage isnt this cheating she should have told me about this. Now what can i do.

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230 Manish Chauhan December 11, 2012 at 3:28 pm

You a victim of law and a wife both ! ..

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231 priyanka January 23, 2013 at 1:11 pm

i agree with the law is of giving 50% property share to the women who is illetrate want to settle thier children she need money to live her life , kalpana chawala is educated women . but women who marry according to thier parent wish suffer so many things in her marital life has right to live not to be tortured . why men dnt agree with this statement bcoz they know how to torture the women on financial terms .fake men

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232 Manish Chauhan January 24, 2013 at 5:16 pm

Thanks for sharing your views Priyanka

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233 RKG February 4, 2013 at 1:21 am

So you mean,
Girl Parent made mistake by marrying them against their wish.
But husbands must be punished for girls parents mistake ?
IS this a fair way ? if husband takes care of child? will wife give 50% from their fathers property ? [However I am not in favor of that , just giving argument]
Reality of life is …normally if women is not from a very rich family and belongs to average family, women adjust with their husband and husbands family.
Ego only comes in girls when they are either equivalent or richer than husbands family in which case Laws give ladies power to exploit husbands ?
Do u think its fair ?

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234 sonu March 28, 2013 at 7:16 pm

i Agree with RKG…..
& these day no parent marry girl against girls choice…
Theses day parent girl full liberty to girl to check whether the boy is fit for her or
not so that they shuld not suffer& when it not works in relation girls blame parents that they just marry to respect their parents..
many time it happen that both boys & girl are good human & very kind.
but some how they are not compatible because for their choice or life style or may be any thing.. & in such case girl totally blame boys for this..
gone are those day when men use to dominat women..
Today every men is educated & respect women…..
if relation is working it not only the fault of man…
but blame is totally on men…..& men has to pay even if he is not faulty….

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235 Nadeem February 4, 2013 at 4:08 pm

does this law apply to Muslim’s too?

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236 Manish Chauhan February 5, 2013 at 11:14 am

Not that its yet to become a law. Yes it should be applicable to Mulsims too !

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237 Yasir May 3, 2013 at 4:19 pm

No, these laws are as per Indian Marriage Act and it has nothing to do with Muslim Marriage Laws which are a set of separate marriage Laws govern by personal law board. But, yes one thing is for sure…if your wife goes to court for divorce and not as per Muslim marriage law, then you will have to face Indian Marriage Law.

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238 Manish Chauhan May 6, 2013 at 4:03 pm

Thanks for clarifications Yasir . I thought it will be true for all indians . So are you saying that a muslim lady can take divorce under Indian Marriage Act and use this ?

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239 Suhasini February 12, 2013 at 4:29 pm

What if the flat which was in name of the husband got changed after matter was in court and what if your husband shows that he doesnt has any property and whatever he has is of his parents.

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240 Manish Chauhan February 18, 2013 at 2:47 pm

You need to prove that he had done all this just to escape !

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241 srnivasan March 6, 2013 at 2:03 pm

Why should a husband share his property with a wife who is not interested to share her life with him. Just to own a Rs.40 lakhs flat, men become indebted for life by taking a loan and work as slaves in private companies day and night sacrificing many things and spending sleepless nights. If a wife doesn’t want her husband, then why does she need his property alone. If it is a women right to share her body and mind with a person whom she likes, it is a man’s right to share his hard earned property with a person whom he likes.

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242 msk March 14, 2013 at 1:29 pm

Dont worry this provision is not there in current amendment

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243 Equal May 5, 2013 at 1:50 am

can u upload a link

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244 Vikas Agrawal February 26, 2013 at 12:39 pm

When it comes to corporate finance, debt holders get priority on cash flows as well as assets of the company, compared to equity holders.

If I try to apply the same concept in my life, feel that I owe a lot to my parents, young siblings, needy friends, financially week surroundings and many others. When saying OWE, I does not mean only financials, but again I cannot ignore finance completely. I can also consider these responsibilities as “DEBT” in life.

I also believe that spouse is a true companion in journey of life and a common equity shareholder in all our success/failure. If I apply the same concept cited in the first paragraph, she should be last one to claim anything in case of divorce (sometimes even otherwise) and all residual should belong to her in case available.

But how to manage these fact-finance-fictions in one go? Thinking as a layman I find it tough to answer but thinking as a financial planner I should say that proper and early Estate Planning can help one.

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245 Manish Chauhan February 27, 2013 at 10:03 am

A good analogy :)

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246 Vikas Agrawal February 27, 2013 at 10:38 am

Hi Manish,

You have been helping people in understanding and buying various risk management products; esp term insurance and others. In case of any unfortunate incident, survivors of these policy holders may end up receiving huge money as well as new money management and estate planning issues @hand. If you can share your views on such real time estate planning issues, it can be a good input for all…!!!

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247 Manish Chauhan March 1, 2013 at 9:02 pm

There are many instances where a person just stopped paying the premium and he died and as the policy was in lapsed state, family didnt get anything

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248 jatin March 20, 2013 at 2:51 pm

I would like to say that all money earned hardly by a man, his father/grandfather; 50% of the said amount will go to wife irrespective of no fault of man.

This kind of law would only encourage the manipulations from wife with no fault from side of man. Also in some cases this can be misuse by wife.

Thus before making any amendment in law this factors needs to be taken into the consideration and must decide on case to case basis.

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249 Manish Chauhan March 21, 2013 at 8:43 am

Thanks for sharing your views on this topic Jatin !

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250 mahesh March 29, 2013 at 4:45 pm

my dad divorce his first wife before 15 year and settlement with 60000rs.

now she again send court notice for she wanted 50% share my dad own flat.

now what we do?

can my dad transfer his flat my mother or anyone?

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251 Manish Chauhan April 3, 2013 at 11:16 am

Once the divorce has happened legally, then she cant claim anything .. the relationship is over .

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252 sudha April 10, 2013 at 1:38 am

always husbands think their parents, their brothers, their sisters. when a girl comes in the family they expect lot from her. when a conflict comes between parents and wife, they stood only to their parents side no matter how many years of marriage life.
the wife has to keep quiet all the time bearing the people which she dont like with no choice. do u know how hard it will be if u wanted 2 know try with staying with ur inlaws 4 a month then u will certainly came 2 know how it will be.

I am married since 17 years, not even single day passby I think of leaving my husband. when he asks me 2 leave the home whenever we argue it is pinching me bec I am dependent on him and he knowns very well that I cant survive without him. now he started threating me u dont have rights on our son. he sticks to his mom but my son cant do. what kind of laws is this? I am a housewife how could i release myself 40m him. atleast I want 2 die peacefully far away 40m this place. is anything wrong in asking share in property 17 years is long enough 2 suffer.

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253 Manish Chauhan April 12, 2013 at 11:37 am

Thanks for sharing your paid with all of us and your views on this topic

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254 Anjan April 20, 2014 at 12:06 am

If you are so dependant on him, then get out there and get a job so that you can be independent. There are jobs for unskilled people too. Nobody has a guaranteed right to a living as you seem to think. We all have to earn our bread and butter or else we become what society calls as “leechers” or “freeloaders” and nobody likes such people.

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255 nikki April 22, 2013 at 9:44 am

why are you guys getting so scared of laws for women? only if your sister or your mother has to go through the emotional/physical abuse then only you will know? there are many women who is compromising and living lives because of the financial dependancy, this law may effect very few men who are innocent ,but definitely help somany women who is going through pain.

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256 RKG June 7, 2013 at 2:08 am

Hi Nikki,

Its not about being scared, rather a kind of frustration because of Unfair and biased laws in India, DO you know those women who are real victims are not getting advantage of these laws. Rather Educated women are exploiting these laws. YOu take my case, I work hard, and give everthing to my wife and childern.
I have maid, baby sitter, and driver, and all materialistic amenties at my home.
But neither my wife respect me nor she respect my family, rather she is completely quarrelsome just because her family has become newly rich.

I think 95% of educated women has satrted refraining from their household duties due to these laws, this is because of :-

LAW IS FORCING ALL MEN TO HAVE RESPONSIBILITIES.

AND

LAW IS FORCING ALL WOMEN TO HAVE RIGHTS ONLY.

this is not fair, risghts and responsibilities must be equal for all and go togethr.

What do u think of a wife who completely ignores or stops doing household responsibilites?? what should be the pnishment in Indian Law for such wife?

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257 KRISHNA KISHORE September 2, 2013 at 3:02 am

you r right madam..there is no point of manipulating this law against men..the one who doest believe in relationship,love,and coward and always think how to exploit her spouse will certainly raise their voices against this law..what ever you said here is 200% right.n i really admire your way of expression where no one can gv a genorous reply for that,rather than simply copying and pasting their comments in the form of hi-fi words or so called slogans from net..

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258 Equal May 4, 2013 at 12:24 am

this is absolutely rubbish , makes no sense and i am sure will not help any genuine woman at all . this will only help shrewd and greedy women alone

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259 Manish Chauhan May 6, 2013 at 3:49 pm

Thanks for sharing your views

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260 VVSS May 4, 2013 at 3:04 am

Women today laud the new laws of the 50% ‘property bonanza’ as it seems the easiest way to acquire real estate. As said by many here, the Law does not take into consideration what will happen to the husband’s parents in the event of this 50% split. Why should the elderly suffer ? Many elders could never purchase property on their own as a chunk of their earnings went on educating the children. Eventually, when the successful son bought a flat and asked his parents to move in, it indeed brought them a lot of joy. Then come this ‘shrew’ (the daughter in law) who takes advantage of the Law and on flimsy reasons files for a divorce and gets the 50% share of the property. To make things worse, the Law is even considering 50% of the inherited property to go to the ‘shrew’. The husband’s father may have put in a lot to acquire that property and then comes this ‘woman with ulterior motives’ and takes it away !!

Those women here who have taken part in this discussion ……. have you even given a thought as to how you would feel if one day your devious daughter-in-law claims the 50% due to her (from the hard earned money your son bought a flat with) and you may be an ailing widow at that time and you will be watching your son running helter skelter in pursuit of your welfare and health. And if you have a daughter, encourage to become financially independent and in the event of a ‘incompatible’ marriage tell her to walk out and stand on her own two feet rather than ripping off some man she did not like.

Men …… do understand that not all women are greedy and have devious intentions. You may get lucky to get a partner who adores you, but do play a similar role as a husband. Bad luck may get you a woman who is smart enough to ‘grab’ you for your wealth and then make life hell for you once married and all that you can think of is a divorce. It would be advisable to get married to a girl who is possibly earning as well as you are and when it comes to buying property after marriage, insist that she pitches in 50% of the cost of the property. If she does not agree, it would be better off for you to stay in a rented apartment and get her to share the rent. I can only hope the Law reconsiders its move on including inherited property. I wonder if some experienced male lawyers who also believe in Men’s Rights challenge this move.

Last but not least …. if you think you can do without kids, then it would be best to avoid getting married itself. There are women too who think similarly and you could have an ‘on-off’ relationship with such.

One female respondent above said – “It would be wonderful if many Indian men refused to get married. Then Indian women would not make marriage the only priority in their lives. They would pursue education, financial independance and think of a meaningful life.” …… Madam, nobody is stopping you from pursuing education, etc, etc ….. you are much better off today than what your mother had to go through. There are plenty of avenues open for you to come in par with men in the office environment. Further, nobody is forcing you to make marriage the ‘only priority in your life’ !!!! It’s your call … if you don’t want to get married then stay single !!!

I only hope Prenuptial Agreements become approved by the Law in some time and that can bring some relief to men.

So …. gentlemen ….. tread softly ‘cos Marriage is nothing but thin ice !!!!!

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261 Manish Chauhan May 6, 2013 at 3:44 pm

Thanks for your views :)

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262 Equal May 5, 2013 at 1:48 am

Hii . Can anyone upload the bill in its original form or send a link , i went through one and it said nothing about this division of matrimonial assets . Can some one guide me . Also is the property of husband alone is considered or his parents property is also usurped .

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263 Manish Chauhan May 6, 2013 at 3:34 pm

Its not a BILL yet, its just a draft .

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264 Reddy May 10, 2013 at 10:37 pm

Forgive my ignorance.
A) Can a wife claim share in things that are not property(read as real etsate like land and home etc) like Gold, Expensive cars, shares, collectables, partnerships in corporations and the like.
B) Can an ex wife claim a share in the property or assets “acquired after the divorce”.
Let us say they are divorced in 2011 and the poor husband who has nothing in 2011 wins a lottery in 2013. Can a wife make a claim on his assets he earns after 2011?

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265 Manish Chauhan May 18, 2013 at 2:19 pm

1. No

2. No

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266 MADHU May 23, 2013 at 2:14 am

This law will be a helping hand to for a working wome who struggles day and night by managing home and office; when it comes to buyinga property, men always buy on their names. When tehre is divorce, women are left with nothing. They give all the hard earned money to husband and husband makes properties oon his name. Also men purchse properties on their parents name so that the wife will never get a chance. I am in such a situation where my husband purchased all the property on his parents name by using my salary. He does not even have bank balance. He transferred all the money to his parenst accounts. Now he is saying that you can approach whichever court you want. When I dont have any property on my name I need not worry at all.
Can anybody help me in this situation? This law will also not help me now. I have two kids to take care of. I am totally depressed now. He never allowed me to transfer the money online. He always asked me to witdraw cash and give. I didn’t understand it then. But now I understood that, he didn’t want a proof that I gave him the money. NOw he says that, what prrof do you have that you gave me money.

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267 Manish Chauhan May 25, 2013 at 4:46 pm

YEs, actually you do not have any proof on this . All you can do is approach the lawyer and court and see what can be done !

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268 Manish Chauhan May 25, 2013 at 5:02 pm

Thanks for sharing your case here . I would like to say that you need to meet a lawyer here , you cant do much .

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269 J K Agrawal June 7, 2013 at 8:42 pm

Dear Madhu,

First of all, you have written about an issue which has no relevance to the topic which we are discussing presently.

Second, your case is totally different from the normal practice which is being followed by Indian men today. I have observed that most married Indian men today are buying property in their wife’s name and not in their own name although they buy it completely from their own earnings and their wives are non-working having no income of their own. I have seen this in various circles e.g. my own relatives, my friends, my colleagues, my neighbours and my other acquaintances. There are several reasons for this. Stamp duty is lower if a property is registered in a woman’s name. I have seen articles on newspapers on the advantages of buying property in women’s names. Those men who have joint families or have brothers/sisters, almost always buy property in their wife’s name. They are afraid that when the joint family is partitioned, the property in their name may also be combined with the family property and divided in among other family members. In my own case, I bought my house in my name because I had taken loan for the house and as per the rules it was not possible that I buy the house in anybody else’s name. This was the first and foremost condition of the loan. Whole life my wife has been complaining about this, citing several examples in which our male relatives and friends have bought property in their wife’s name instead of in their own name unlike me.

A man buying property in his parent’s name is unheard of. I am hearing this for the first time from you.

From what you have written, it is very clear that your husband was never interested in living with you; he did not care if divorce took place and he has planned for it from the very beginning. It is strange that you did not have any idea of this. You should have understood that something is fishy when he asked you to pay cash and not by cheque/net transfer.

However, everything is still not lost. You can still prove that you gave him money. After taking cash from you, he must have deposited it in his own account or his father’s/mother’s account either on the same day or after a few days. You can ask the authorities to check your account and his account simultaneously. If several entries are found in which cash has been withdrawn from your account on a day and the same or similar amount of cash has been deposited in his account within a few days, it is a conclusive proof that he has taken the money from you. Further, you can also highlight the fact that the total value of all the moveable and immoveable properties and financial assets held by your husband and your in-laws is much higher than their known sources of income. A chartered accountant may be able to help you more on this. They are expert in finding out how and where people invest/hide their unaccounted money. In any case, I feel sad for you.

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270 KRISHNA KISHORE September 2, 2013 at 2:52 am

no the scenario is changed mr jk agarwal…now every men are well prepared to face all the consequences of getting divorced before marriage and taking necessary steps to avoid the incurring loss due to these type of laws..and some hv ideas of getting re married after few years after marrg without any reason just for the sake of easy money and new living relationships.they will pre plan and create problems and talk about proofs as if now sister madhu is facing..her instance is a very good ex that these days divorces are based on accountability and financial dealings apart from some mens cruced mentality of having a 2nd marrg.dont spare these fellows who tries to exploit women under the name of marrg.

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271 J K Agrawal May 26, 2013 at 8:41 pm

When women do not bring/get any share in their father’s property at marriage or later on, and when giving/receiving any gift in cash or kind at the time of marriage (infamously known as Dowry) has been made illegal, what right does a women have on not only her husband’s property but also on her father-in-law’s property which her husband might have inherited. All women, specially non-working, get free housing, free food, free clothing, free cosmetics, free jewellery, free medical facilities, free travel and all other amenities of life like car, AC, TV etc. completely free in their husband’s house, they have no right in her husband’s property. An Indian women relinquishes her share in her father’s property in favour of her brother with great pride and with great generosity at her father’s death even before the pyre of her father has cooled down. Why can’t she show the same generosity towards her husbands at divorce? Women write in their matrimonial bio-data with great pride – “dowry-seekers do not respond” or “those intending to ask for estimate of marriage keep away”. In these days of rising prices they do not want to share even a single paisa in the expenditure of living. They want to enter their husband’s house empty-handed with great honour. Why can’t they also leave their husband’s house empty-handed with the same honour if divorce happens?

A husband’s property given to a wife at the time of divorce cannot be taken back if she marries again.

The present system of giving monthly maintenance decided by courts taking into account all relevant factors like social status of the couple, length of marriage, the wife’s liabilities after divorce, whether she takes any child with her at divorce, whether she is earning etc. etc. is more than satisfactory for the welfare of a divorced women. Their is no need for any change in the present system.

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272 Manish Chauhan June 1, 2013 at 10:01 am

Thanks for your views !

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273 RKG June 7, 2013 at 2:21 am

MrJK Agarwal,

I completely agree with you. Some add ons :-

Why Law dont force every father to give 50% share to all daughters ?
Why only Husband is forced?
In the name of women empowerment, Why only husband is blamed.
All those daughters family should be put behind bars for not empowering their daughters. But just after marriage situation is reversed. And only husband is blamed.

One thing is for sure that, if this foolish law of 50% will get approval ,Marriages will stop, and all women empowerment in the name of exploiting husbands will stop. There will be no point in doing marriage.

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274 Manoj May 30, 2013 at 12:06 am

Dear all,
I’m about to get separated but do not any residential property but my father has got his self earned property. will wife gets husband parents property on divorce? pls clarify?if so how to prevent my fathers hard earned property?pls guide me.

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275 J K Agrawal May 30, 2013 at 2:55 pm

Since your father’s property is self-earned property, you have nothing to worry as long as your father is alive. Your wife cannot claim any share out of it because your father can always say that he does not intend to give it to you. Even if you are a single child of your father, he can always say that he intends to give his property in charity or to anybody else because it is his self-acquired property. But if your father passes away without leaving a will, your wife will get 50% of your share in it.

Had the property been inherited by your father from his ancestors, your wife would have got 50% of your share in the property even during the lifetime of your father because it would then have been property ‘inheritable’ by you.

However, WCD ministry (Ministry for Welfare of Children & Women) has demanded that inheritable property should not come under this law. They have also demanded that the property acquired by the husband before marriage should also be excluded from this law. Except WCD, no other minister or ministry have suggested any change in the bill. The matter is with a GOM (Group of Ministers). They will take the final decision.

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276 Manish Chauhan May 31, 2013 at 4:28 pm

No , she cant get that !

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277 C.Satyamurthy June 2, 2013 at 8:37 pm

Once again vote bank politics of our all party netajis. husbands earn money through hardworking, if salaried saving considerabale amount for future of the children. in this process the wife and children as well as husband may forefeit some luxaries and be stingy. if wife and children take advantyage of this to be passed law lot of violence will be seen in entirte families of india. please work out any other amica le settlement before taking a hasty decision.

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278 Pallavi June 8, 2013 at 4:11 pm

This is saddening…innocent men have everything on stake…right from their property to their peace of mind and piece of happiness. Completely agree with one of the comments that if a wife cant share her life with her husband then how can she claim right over her husband’s property!!!

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279 KRISHNA KISHORE September 2, 2013 at 2:39 am

i feel pity on women like this who again proves that a woman is the first enemy to other women..

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280 Pallavi June 9, 2013 at 9:26 pm

Hi Manish
I wish to ask for a friend who is caught in a bad marriage. for the past five years, his wife did not honor their marriage,neglected him and household duties on one pretext or another. last year they roped in a lawyer who said a year of separation would help them surmise and then they may take their call. luckily or unluckily there were no kids involved. after about eight months of separation, the girl’s family pressurized him into taking her back or face the consequences.since he did not want his parents to suffer,he gave in to it. the girls family accused him that he was behind her leaving him on and off but they did not see that if the relationship hasn’t clicked in the last five years, how would it come on track now. to add to the woes now the wife has conceived for she felt that she can set everything right and so must restore bed-room life too much against her husband’s wishes. he had drifted from her and felt that they could amicably separate and lead different lives. now the burning issue has left him seething and silenced him out of his wits. noteworthy here is that she calmly would say that if u want a D then let me know. i know he is caught beyond control….but is there any hope still??? your response would be awaited and appreciated. he doesn’t have a property on his name but would inherit one from his father which is not ancestral but acquired by his father in his lifetime on his own.

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281 Manish Chauhan June 14, 2013 at 11:42 am

I think he should just seperate. Its tough to come back on track once you are off the track . It never gets the same. Better to not destroy the one life you get . Better live happily seperately !

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282 Pallavi June 17, 2013 at 7:36 pm

Thank you Manish! I too think this is the best thing to do. Thanks for your response.

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283 harsha mehta June 26, 2013 at 11:50 am

hello sir, my name is harsha mehta.I am 38 years old lady.I got divorced in 2010 on mutual basis.though it was mutual it was against my will.i was threatened by my husband in matters relating to finance,house etc.Now the fact is that he has came back in 2012 and till date he is with me.the house we r living in is on loan and he is not paying the installments as he has lost his job because of him only.Now the problem is that as mentioned in the divorce drecee he will transfer his 50% share of flat in my name has not done and he is harrasing me that i should leave the house with daughter or pay the loan installments from my savings.what i should do.he is very eggoistic,arrogant,self centered ,hiper(very short temtered )man.Please please sujjest what should i do.

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284 Manish Chauhan July 1, 2013 at 4:45 pm

Better follow what is there in the divorce drecee .. Get a lawyer again !

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285 no marragie then June 17, 2013 at 1:15 pm

I think the solution is that men should not marry first, other solution is to kick out such govt who bring such stupid laws. Our politicians are fit to be thrown in arabian sea. They are ruining social fabric of marraige by bringing such clauses. Divorce rate will be higher now. Rich persons like rahul , vadra will have no problem with this law, as if they have problem in married life, they will give 50% and walk free from marraige but what about poor , middle class men, will congress men help them to pay 50% of their property money to ex wife. People should not vote for such party which brings such laws.

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286 Manish Chauhan June 21, 2013 at 4:48 pm

Thanks for sharing your views on this topic

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287 failed law June 17, 2013 at 1:25 pm

My simple question to all group of ministers who are busy making this law is, that they have lot of money earned in their bank accounts etc. Most of them have sons, what if they married their son and within few days, their marraige fails and their bahu will walk away with 50% of their sons property, will they tolerate it. If rahul baba marries and has a fail marraige,will he give 50% of race course road house to his ex wife. This is most stupid law ever heard, will complete break the concept of marraige. Those who are happy with this law are greedy women who have broken their marraiges and now are encouraging women to get divorce and walk away with 50% property. All efforts to reconcile between husband and wife will have no meaning when such money matters come in between.

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288 Manish Chauhan June 21, 2013 at 4:48 pm

Thanks for sharing your views on this topic

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289 anuradha July 3, 2013 at 11:06 am

Firstly, not all men or women will get into adultry. Either of the spouses get into adultry when either the husband is not giving a good enough amount of time or inadequately respond to wife’s emotions….and the husband gets into adultry when he finds the other woman more potential, good looking and so on. When it comes to females or atleast me I prioritize emotions and love from the husband over the materialistic things. When its not given then whats wrong in claiming for the property. If you see the Indian tradition not all females will opt for second marriage or even the family might not support coz of the hardships they have already underwent from the first marriage. But when a wife dies leaving back a child then people around him force him to remarry. Also when spoken about elderly, all newly wed bride goes with big dreams thinking to find her parents in her in laws. She is disappointed most of the times with even her husband not supporting her. How many instances are there when a man incurs loss in business wife stands up for him and supports him….I can hardly read instances where a male has stood up for a wife’s losses. And what about the men who says that they do not want the visitation rights and even the relationship with his own child for the reason that the child is a girl…….Dont you think that this law will bring them back to track and not stay aloof with the kids responsibility. Always the females cant be blamed that they are greedy…..u cant repay for the emotions, her care and for every service she has provided you without any intentions. You can see a queue of ladies standing in the temple not praying for the property but for the well being of the husband. This law should definetly teach man a good lesson who doesnt know how to treat his wife or his kids

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290 Manish Chauhan July 5, 2013 at 10:25 am

Thanks for your views on this topic !

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291 KRISHNA KISHORE September 2, 2013 at 2:32 am

i agree 100% with you madam..hats off to women in he form of wife,sisters,mother..

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292 Amit July 6, 2013 at 11:43 pm

Please consider this one comment delete previous two

Hi Manish,
please publish this article in many leading newspapers and in online papers ,make it breaking news .I think after reading this most men will think millions time before marrying ,so better finish this marriage system and make this illegal,who made this ? God ..huh!! if we are not following god other rules than why this ?LOL .Gone are the days when marriage was commitment ,now it is like time pass before marriage with someone else and after with one and if u dnt like break it .No marriage will give more independency to guys and gals which they complain after marriage that they have no independency after marriage than why you should go for it ,Better to remain single and enjoy the life .that’s all

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293 Manish Chauhan July 15, 2013 at 2:14 pm

Thanks for your views

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294 heman July 18, 2013 at 8:14 pm

I was a big big fool , age 28 still virgin and also no bad habits . I was a foooooool double fooooooooooooooooooooooooooool.
My friends and colleagues to told to enjoy with women . Because in India there is no life for men after marriage , my family are planing my marriage . huh huhhuh want to cry loud . This country is 200% different from 1947.
We are still ruled by British laws …………………..
That to improved East India lawsssssssssssss…………………
Want to cry cry……………….
Men Indian women are male abusers ………………………
I Curse politicians …………………….
the judges…………………..
law makers……………………..
I wont vote next time it is a big waste ………………………

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295 Manish Chauhan July 20, 2013 at 2:01 pm

Thanks for sharing your story !

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296 Manu Partap July 19, 2013 at 7:15 pm

This totally unfair it will increase the divorce cases in Indian already lot of women are misusing of dowry act for just to improve his finical condition also if they had married in pressure just spending 3 or 4 years’s with his husband on just small thing they file dowry act against family till time case will run in court she will get time enjoy his life with new men without the thing about the society
Also if in the case of she having child the start using play school for child for half day after that for rest of time child will in creche and in evening she will come after spending his day with new men will so love to his child and take dinner go to sleep in this all law’s no one is thing about small child’s .In our Law we need changes on urgent basis my self strongly not in favore of this bill

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297 Manish Chauhan July 20, 2013 at 1:44 pm

Thanks for sharing your views on this topic !

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298 ganesh August 3, 2013 at 5:50 pm

Hi Manish,
It was a very interesting and hot topic shared by each member. First of all one should not forget that we are staying in India where ethos and culture differs from west. Basically all Indians are conservative barring few. Most of us follows basic tradition where still we have due considerations for our mother, sister and other family relation. Our social structure is such majority of young married do not disclose their dispute in open rather they try to solve within the family. Lot of women empowerment has been provided by law but what about implementation part ? In India generally we are in habit of abusing power rather than taking in good sense. If this law get implemented we will see the result. The family structure will get ruined and this will lead to destruction. I have seen this plight and I know what a education mean to a young girl. A husband can digest a salary of 12 Lakh/annual but what about a girl who earn Rs 2-3 lakh/annual. We in India run the relation with patient and not by counting other mistakes.

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299 KRISHNA KISHORE September 2, 2013 at 2:34 am

then how many mothers you hv mr?as per you all women are greedy and use these laws for money isnt it?

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300 Chaitanya August 30, 2013 at 7:42 pm

Just an update – Rajyasabha passed the bill this week. It now needs to be passed by LokSabha to become a law

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301 Manish Chauhan September 3, 2013 at 2:12 pm

Yes, I am aware about it . Let it become a law and I will do another post !

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302 KRISHNA KISHORE September 2, 2013 at 2:27 am

This is a very good move in support of women who are deprived and getting cheated and harassed physically and mentally by their husbands..there are no loop holes in this as no men is interested to loose property of 50% by getting divorced.so he himself is now in a state of settling the disputes at home rather than stepping up the court of law.this law will axe the thinking of men who wanna black mail his wife for divorce for more dowry or a desire to welcome new women in his life.in these days after divorce there is no possibility of a women to get marry again but for a men he always get a chance to marry with a new girl again..what justice a women is getting after divorce.money doesn’t fulfill all their deeds and wishes of a divorced women.this move is a righteous move which pave way to less divorces in india and totally gv a secure life to women..no men is fool to marry a women who plans to steal his property under the name of divorce..only 99% of men are giving divorce to women for their selfishness and cruced mentality..

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303 indusvalley September 8, 2013 at 5:01 pm

Dowry period is gone . Now the educated men are suffering from reverse dowry .
Just think +ve & -ve things of indian education .

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304 indusvalley September 8, 2013 at 4:55 pm

God knows how many husbands will kill their wife instead of divorce ?

Sure there will be murder rate increase then divorce rate .

And India will be left with no women .

We may have to attack Pakistan and China to get a spouse .

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305 Manish Chauhan September 18, 2013 at 9:11 am

I think its too extreme conclusion :)

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306 Anjan April 19, 2014 at 11:16 pm

Trust me, nothing is extreme when you are faced with giving away 50% of your ancestral property and all other assets to a woman whom you hate and are looking to get a divorce from. Imagine yourself being in that situation and you would know that it can literally turn a man’s life upside down.

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307 indusvalley September 8, 2013 at 5:04 pm

I think new generation men will hate this law . And wait for a decent but pewerful revenge against the law makers .

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308 indusvalley September 8, 2013 at 5:05 pm

Men will have no way for divorce but only murder to save the property .

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309 indusvalley September 8, 2013 at 5:20 pm

Question for all here .

How many people would like to form a mens organization to defend the Indian men against such biased laws ?

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310 Chaitanya November 30, 2013 at 7:38 pm
311 pary October 13, 2013 at 9:37 pm

Hi Manish,

Need your help. My marriage(less than 6 months in marriage) is on the verge of breaking because of my wife’s extra marital affairs. I have query on this law.

1. If property is on the name of me & my parents, still i have to share 50%.
2. If property is on the name of only my parents, still i have to share 50%.
3. If I transfer property to my sister which is in my name then i don’t think i have to share any thing right?

Thanks,
Pary

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312 pary October 13, 2013 at 9:48 pm

One more thing i forgot to mention if wife is at fault still she gets share? I have proof to prove my case.

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313 Manish Chauhan October 18, 2013 at 9:51 pm

Its not yet a LAW , Its just in discussion , so the seperation will happen as per court decision (obviously if your wife asks for it) .

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314 ramya November 22, 2013 at 3:14 pm

This is a pure gender biased bill which is going to take its form as a law soon. First the M.P’s who are keen in passing this bill in parliament must first look at themselves. 50% reservations have to be given to females in parliament.50% reservations have to be given to females in Cabinet Ministry,50% reservations have to be given in all the jobs irrespective of whether it is private or public sector.50% reservations have to be given in all the educational institutions.RBI Governor post which is the key in financial reforms has to be given to a female. All th e parliament members have to set as an example first before passing this bill by writing 50% of their assets to their respective Daughter-in-laws.I think if this situation continues these politicians in parliament will pass a bill which gives 50 % reservations for females in Men’s indian cricket team….One must boycott the elections this time..and teach them a lesson…

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315 Manish Chauhan November 23, 2013 at 5:51 pm

Thanks for sharing your views on this topic Ramya !

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316 Anonymous November 30, 2013 at 9:09 pm

Have you found answer for the above 3 qns.. those are very interesting and valid.

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317 Anonymous December 14, 2013 at 4:01 pm

Any update, if this bill has been signed into an act and implemented?

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318 Manish Chauhan December 18, 2013 at 5:11 pm

Not yet

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319 Jayanarayan Kongasser March 3, 2014 at 6:07 pm

Will anybody cite a Court Judgement on equal division of property after a marital ddivorce.

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320 Manish Chauhan March 12, 2014 at 9:40 pm

This is still not an ACT ! , it has to get passed !

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321 Anjan April 19, 2014 at 11:07 pm

This bill better not pass or else men will have even more reasons to not marry, as if there already aren’t enough reasons.

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322 MK Kumar June 18, 2014 at 6:40 pm

Hi Manish,

My wife has filed a 498a and DVC on me and she is aiming at my money and my property.
At present I do not have a property. If I get a property, she will ask a share in that. If it is any other investment, there is a chance that she will not get that as no one can take my money without my permission.
So, in this case, I ask you for a suggestion as to where should I invest my money. I am talking about 15 Lakhs to 20 lakhs amount here.

Let me know if you did not understand my question.

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323 Manish Chauhan July 4, 2014 at 12:22 pm

I got your question

Right now the only option for you is to invest money in someone else name and not yours . Because if its on your name, then its yours and whatever is yours might have to be divided with wife.

Manish

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324 MK Kumar July 4, 2014 at 8:20 pm

Hi Manish,

Thanks for the reply. Will do that.

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325 tanvi August 12, 2014 at 4:13 pm

In my opinion, this is a very fair law passed as wife after marriage , devotes all her time , energy for her family without expecting anything in return.In return of this sometimes she gets torture from husbands family.Though the emotional trauma she has gone through she may be never able to forget, the monetary help that she gets through this law , can bring atleast finantial peace in her life .

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326 Manish Chauhan September 20, 2014 at 5:49 pm

THanks for sharing your views

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327 Dharmesh Kuamr August 23, 2014 at 7:49 pm

Hi All,

I am facing a problem with my married life, I got married before 1 year and now my wife is not staying with me from 6 month, from first she was telling she need divorce and all. she fought with me so much and she is not giving me divorce also.

She made me stuck in between where I cant give divorce and she is not giving me divorce I need you ppl advice if I file the divorce it will be peace fully I will get
the divorce bcoz she is not staying with me from 6 month. or some period where I can wait for it.. I have mobile chat that what and all she spoke badly with me… and now she is telling that still she is thinking to give me divorce or not.

please guys help me to come out…

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328 Manish Chauhan September 20, 2014 at 5:01 pm

Did you talk to a divorce lawyer on this ?

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329 Vinay Raina September 15, 2014 at 8:33 pm

Is there any judgement regarding that wife is entitled for 50% share in husbands property as well as husbands parental property ?

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330 Manish Chauhan September 20, 2014 at 2:28 pm

This has not yet become a LAW

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331 Shiv October 6, 2014 at 3:29 pm

We are living in anti-men society. So much double standard. Everyone seems to be care only about women and child. Not even single NGO for men welfare though even animals have many. Do men have any rights too ? We all know and seeing gross misuse of all pro-women law .. and here comes one more. Oh dear man, you are protector and provider of family, you save, invest , earn but you don’t have any rights.

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332 Manish Chauhan October 16, 2014 at 4:44 pm

Thanks for sharing your views Shiv

Manish

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