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Govt likely to discuss GoM's recommendations on marriage laws

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Press Trust of India New Delhi
The government is likely to consider tomorrow the recommendations of a Group of Ministers (GoM) to make marriage laws more women friendly.

One of the key issues the GoM was asked to decide was whether a court can work out "sufficient compensation" for a woman from her husband's ancestral property in case of divorce which takes place on the grounds of "irretrievable breakdown of marriage".

The GoM, set up recently to decide on the Marriage Laws (Amendment) Bill, was also asked to decide on whether a judge can exercise discretion in granting divorce if one of the partners does not move a second 'joint application' for divorce with mutual consent.
 

But there is a view contrary to the proposal within the government. Sources said there is a view that by allowing courts the discretion to allow divorce would fail the very purpose of seeking it on the grounds of mutual consent.

They said if one of the parties refuses to move a joint application, then the other should be allowed to file for a divorce on other grounds than mutual consent.

While the bill has a provision for share in a husband's self-acquired property, a new clause - 13 f - was discussed by the GoM headed by Defence Minister A K Antony.

It says if the ancestral property cannot be be divided, then the woman should get sufficient compensation by calculating husband's share in it. The amount of the compensation can be worked out by the court hearing the divorce case.

The GoM also discussed the issue of allowing courts to decide on doing away with the mandatory six-month waiting period for couples seeking divorce to move a joint petition by mutual consent.

Sources said there was a general agreement on the issue as it would help speed up divorce procedures.

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First Published: Jul 16 2013 | 9:45 PM IST

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