Amendments to Matrimonial Laws
The acceptance of new Amendments to the Matrimonial Laws (Amendment) Bill by the Indian Union Cabinet on 23/3/2012 on the eve of Ugadi Festival (Indian new Year) is going to make the divorce process much easier for wife and husband who want to divorce each other and need not wait for six months mandatory period in the Mutual consent Divorce Petitions, the divorce will be granted without that waiting period if both the parties want divorce. Similarly in other forms of divorce if filed by the wife on the mere plea of “irretrievable broken down of matrimonial relationship with husband” would lead to divorce with husband, but the same plea can not be taken by the Husband. That means if wife says “marriage is irretrievably broken down”, every one must agree that it is irretrievably broken down. But if husband says “marriage is irretrievably broken down”, no body would accept that marriage is broken down irretrievably”.
This is not pleasant news for Husbands, who wants to get divorce from their wives. He has to keep an empty bowl on his head in reverse way, soon after getting the divorce from his wife, with new amendments to the Matrimonial Laws (amendment) Bill 2010 accepted by Indian Union Cabinet on 23/3/2012. After the divorce the wife is entitled for the half share in the properties earned by the Husband after marriage, besides claiming for routine monthly maintenance from Husband under section 125 of Cr.P.C and under Section 18 of Hindu Marriage Act, and also various monetary reliefs and compensations and maintenance under sections 19 to 22 of the Domestic Violence Act. That means with one marriage a women gets status of wife and gets eligibility for share in Husband’s property, and with simple divorce she virtually gets half of the husband’s property into her hands, besides the routine monthly maintenance form the Husband’s earnings after separating or divorcing from the Husband. That means, if wife takes divorce from a Husband who is having property worth of five crores of rupees, wife is entitled for a share of two and half crores of rupees after divorce. If a husband is having 10 crores of rupees worth of property, the wife is entitled for a share of 5 crores of rupees worth of property after divorce. But Courts have discretion whether it could be half share or less than half share, depending on the case to case. So with a one simple marriage and one simple divorce wife can get enriched and husband turns into pauper after giving share in property, and routine monthly maintenance and there after enhanced maintenance amounts from time to time as ordered by the courts.
One time settlement of Alimony issue is also a new initiative through new amendment which means to sign on divorce papers women can demand money in lump sum, which may go to any extent. Practically speaking, to get rid of a wife who has filed cases on her husband, husband goes to any extent of giving money at once, even by taking all possible loans to escape from life long embarrassment of giving maintenance to his separated/divorced wife. So, this amendment becomes a boon for some trickiest women who want to earn easy-money keeping the virtue and other sentiments aside. Now it is for the men to decide weather to go a head with the marriages or not in the days to come. If men gets alerted for this type strange legal situations the future prospects would be for live-in relations, or contract marriages with pre-conditions in writing or no marriages at all but to tread some other unethical ways by throwing money and fulfilling biological desires from time to time in the hotels, or through escort services or through paid dating services. So, in future India the matrimonial system becomes further brittle and the family system which is already getting collapsed would further collapse, and men would consider not just twice or thrice, but hundred times before getting married with any women.