Equal Share in Property Acquired After Marriage of Women Upon Divorce. - Aware India

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Thursday, October 25, 2018

Equal Share in Property Acquired After Marriage of Women Upon Divorce.


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A Big Suggestion by Indian Law Commission

Equal Share in Property Acquired After Marriage of Women Upon Divorce.

The Law Commission suggests that The Principle does not automatically translate to an ‘ABSOLUTE’ equal split of property at the end of the relationship.

The effect and amendment reflect on The Hindu Marriage Act-1955, The Special Marriage Act-1954, The Parsi Marriage and Divorce Act-1936, The Dissolution of Muslim Marriage Act-1939.

And the Commission said that ‘All Property acquired after the marriage of either spouse be treated as a unit between the couple. For more says that often women who compromise on careers in order to support the family and they also contribute to a major share of housework which is never calculated in monetary terms. the society inadequately values housework, childbearing results in a career break which affects their employment in a way that it does not affect their Husband’s career.

That the important regardless of wife, Financially or monetarily. Her contribution towards the Family Income, Household Labor, Home Management and Childbearing and care should entitle to her an equal right and share in a property and income gained after the marriage of women and should be divided equally after divorce.

The main principle does not mean to the inherited property will also be included in the said Division or Partition. But its value can be taken in to account by the court at the time of deciding Maintenance and Alimony.

The Report of Commission said on Uniform Civil Code and Special Marriage Act as a ‘SECULAR LAW’ as interfaith marriage is solemnized under it. And to bring out final and comprehensive report more time need for further consultation.

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