The divorce law in India will become easier, immediate and foremost women-friendly.

The cabinet on Friday accepted a few recommendations of a parliamentary standing committee and the Marriage Laws (Amendments) Bill 2010, pertaining to the Hindu Marriage Law of 1955 and Special Marriage Act of 1955.

In a significant decision, the cabinet cleared the "irretrievable breakdown of marriage" proposed by the Marriage Laws (Amendments) Bill, 2010. That will now allow the unhappy couples to end their relationship legally without having to wait for a mandatory period of six months. The court will get the authority to reduce or wave off the existing cooling period and sanction divorce instantly.

Meanwhile, the amended clause provides options for a one-time settlement instead of monthly maintenance after divorce. And making it more favourable for women, the amendment allows the wife to claim the right in the husband's property. However, the amount of share for the wife in her spouse's property will be decided by the court depending on the case.

Legally equipping the wife to claim for her right in her husband's property and equal right to adopted and biological children was recommended by a parliamentary standing committee.  However, the parliament panel has suggested entrusting the court to make a decision on amount of share for wives in property acquired by their spouses on a case-by-case basis.  

Furthermore, a wife can oppose her husband's plea under "irretrievable breakdown of marriage" while a husband has been refrained from opposing his wife's plea seeking divorce.

Quick Links