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Women can seek claim over the marital property if the Union Cabinet accepts the amendment of the matrimonial laws. Amendments have been made by the government to marriage laws – which allows courts to decide on how the property acquired at the time of marriage should be shared and powers to waive off the six month period of the couple residing together before the divorce is granted if both couple want to be separated.
Adopted children may get same rights as natural-born children. Also, the Marriage Laws (amendment) bill seeks amendment to the Hindu Marriage Act, 1955 and the Special Marriage Act, 1954.
The amendments made are based on the recommendations of the standing board on personnel, law and justice and public grievances. The panel also recommended that the government should make provisions to ensure that courts can decide on a woman’s share on the marital property.
The Union cabinet had rejected the proposal to remove the six-month period of staying together before divorce is granted in case the couple want to separate by mutual consent. However with concerns expressed by the women’s rights activists, the board declared that the judge will have right to waive off the waiting period.
According to studies, in 80 per cent cases, women are left with no place to go to after a divorce and henceforth are forced to stay with their parents. Owing to this, it is important that women get half of the share from their matrimonial property as they have contributed in it.
Changed rules in favor of women:
# The judge can waive or diminish six-month period of staying together before divorce is granted.
# Adopted children will have same rights as normal children.
# The judge can resolve how property acquired after marriage is to be disposed of. He has the right to decide the amount; either husband or wife would pay to get right over the property.