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  • Essay / The law on marriage and the irremediable breakdown of...

    F. MARRIAGE LAWS (AMENDMENT) BILL, 2013The Union Cabinet recently approved further amendments to the Marriage Laws allowing a married woman to also get a predefined share of her husband's ancestral property to compensation in the event of divorce. debates about how a woman suffers during divorce and it is the responsibility of her first parents to ensure that she does not suffer during divorce. A wife who has lived with a man for so long and is rightly the mother of his children also deserves a share of what he has. The revelations of Hindu dharma also spoke of man and woman as one and therefore the distinction was made between the man's personally acquired goods and those of ancestral goods, while deciding the same for the wife during the divorce proceedings seems, at first glance, unfair. the wife should get adequate compensation by calculating the husband's share in case the ancestral property cannot be shared. Thus, while calculating, the court must also take into account the share of the husband's ancestral property.F.1. DEBATE ON THE BILL The bill has been termed by men's rights activists as the "intercontinental ballistic missile" (ICBM) bill due to the inclusion of the "irretrievable breakdown of marriage" (IBM) clause )” as a valid condition for divorce. Under the bill, the wife now has a share in the husband's inherited and inherited property after the divorce, the exact determination of which was left to the discretion of the judge hearing the case. Previous recommendations of the law did not cover ancestral property and referred to property acquired during the duration of the marriage. Under a new clause 13F, which...... middle of paper ......gave women legal status in marriage. An Indian woman, apart from matrimonial law according to religious faith and belief, is now also protected by general statutory law. As a result, she is now sufficiently empowered not only to exercise her right to divorce her husband, but also to remarry if and when she wishes after her divorce or after her husband's death. Further, the judgments of the higher courts of India have also attempted to guarantee women the rights due to them, for example, the right to maintenance of an unmarried adult daughter under the Criminal Procedure Code, 1973 and of the Hindu Adoption and Maintenance Act, 1956., without any specific provision in this regard. All unmarried girls now have the right to be maintained, even after they come of age and are not able to support themselves. .