A draft law prepared by the Maharashtra government sought to give women rights of an equal partner in husband’s property.
According to the draft Matrimonial Property (Rights of Women upon Marriage) Bill-2012, matrimonial property comprised both movable and immovable items, including husband’s share of joint family’s land or business. It also includes provident fund, gratuity amount.
The draft bill, prepared by the state women and child development department in association with women rights organisation Majlis, aimed at securing economic rights of women and provide them dignity, officials said.
The present matrimonial laws do not recognise non- economic contribution of the wife to the household and she is entitled to only maintenance if the marriage breaks down, they said.
The draft also introduces a concept where consent of the wife will be required for taking any decision for selling or borrowing with regard to the property. Dealings without her written consent will be deemed null and void.
The draft was sent to Law and Judiciary Department for consideration, and was returned "asking us to check if the provisions contradicted Hindu Marriage Act and the Hindu Succession Act. But, we have already checked and there are no contradictions. We expect the department to advise us in ensuring that the provisions of the draft law are not misused," an official said.
The draft law, however, excludes inherited property or share in the Hindu Undivided Family, husband’s personal insurance money, and his personal effects such as jewellery, etc from the matrimonial property. If wife’s consent can’t be obtained because of her mental/physical incapacity, or willful refusal, husband can approach the family court.
Similarly, if the wife fears that the husband is going to sell off the matrimonial property and undermine her or children’s interests, she can move the court. The draft law also says that if, at the time of passing a decree of divorce or separation, either party claims more than half of the property, the court may consider length of marriage, age of the parties, earning capacity of each party, present value of properties, debt and liabilities, disabilities of either party or children, non-economic contribution of the wife, while deciding on it.
