It is very difficult to stop new proposed amendment in Hindu Marriage Law for some obvious reasons.
1) There is a moral pressure from Supreme Court to persuade law makers to add new ground for divorce, namely "Irretrievable Breakdown of marriage.
2) It is seen that wife never agrees to give divorce. Husband is unable to prove any fault of wife and is therefore not able to get divorce...Even if the marriage may have broke down... Law cannot force husband and wife to live together if one of them disagrees.
The new law gives husband a right to get divorce even if he is not able to prove any fault of wife.
3) When husband goes to court on ground that their marriage is broken since three years and he wants divorce even if there is no fault of wife, then the court may give him divorce subject to some financial compensation to wife.
The amount of compensation is left on court to decide. There is no guidelines. But judge will take overall stock of financial position of husband before deciding compensation.
There is no strict provision that Judge will grant wife any share from property of husband or his father in law... All is left to the wisdom of Judge.
This may be an experimental law.
If there is abuse, higher courts are trusted to correct errors.
Haresh Raichura
10/12/14
Copyright : Haresh Raichura 2014. All Rights reserved.
