Divorce without tears
The Marriage Laws (Amendment) Bill passed by the Rajya Sabha on Monday seeks to amend the Hindu Marriage Act and the Special Marriage Act and empowers...
The Marriage Laws (Amendment) Bill passed by the Rajya Sabha on Monday seeks to amend the Hindu Marriage Act and the Special Marriage Act and empowers courts to decide compensation from husband's inherited and inheritable property for the wife and children once the marriage legally ends. While the measure is welcome in that it will offer increased security to divorced women, some aspects of it may be debated for some time to come. For instance, one can understand the need for a man paying alimony to his divorced wife, as also maintenance for her and such of their children as may choose to live with their mother.
But conferring on woman a share in the “inherited and inheritable” property of her husband is not easy to understand. How can a woman be deemed to have become entitled to a share in such property as her husband may have inherited if she seeks a divorce? In some cases, women may inherit property after marriage. Would the man be entitled to a share in it?