The cabinet declared the Bill called “Marriage Law’s (Amendment) Bill after pending discussion in Rajya Sabha in the year 2010. Significant changes in women’s rights were proposed in this act and on how the couple’s properties would be divided after they opt for a divorce.
The most significant 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.“
The Husband Owned Properties And Assets Is Half (50%) Of The Wives.
Before this change in the act – a woman was designated to share her husband’s properties and assets. Still, there was no share or proportion described as per the law books. Therefore, it would be any cut depending on the situation. Still, now with this recommended change, a woman will enjoy equal sharing without any condition in all the residential properties owned by her husband.
But in this case, women will have to demand their share. Precisely, she should be aware of this law about “50% share”.
A significant change in this amendment is that this rule applies to all the husband’s properties, be it before or after marriage. In distinction, the earlier law made sure that the wife gets commission only in those properties which her husband develops only after marriage. So now men attain to lose on this front if things are so sour with the wife.
What Will Be The Case If The Husband And Wife Are Joint Holder’s In A Residential Property.
You should be clear by now what will happen if a property is registered in the joint names of husband and wife. For example, many couples register a house in joint ownership, a lot of times, both pay’s from their respective salaries, and in some cases, only one party pays (commonly husband).
Now imagine separation happens between the two – Who will get how many assets under their names? Women will retain her 50% part, and she will also get half of her husband part in the residence, so 75% wife and 25% husband.
Is this a law that can be termed as anti-male?
Many groups have termed this change as anti-marriage and anti-male law and critically oppose it; they have termed it a bill totally against males and irrelevant.
Now there are some serious matters due to these differences. If a husband has one residential property, old parents who are financially subservient to him, and there is a divorce between husband and wife, the lady could take 50% share. The men will be left with 50% that is half the property. It looks notable unjustified. What if the woman already owned two more properties in her name? She has nothing to worry about!
One severe disadvantage of this law is that some gentlemen, who are experiencing a bad phase of compatibility, may transform their domestic investments into stable assets or assign them to other names to save themselves from parting away with a 50% share in the worst case.
For more information on divorce and its legal interests, contact us to talk to our esteemed and experienced lawyers from Kanoon- e.