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So A Homemakers Gets Nothing If She Divorces...

Discussion in 'Life Without Spouse' started by Roar, Jan 8, 2021.

  1. Roar

    Roar Gold IL'ite

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    Bravo to Indian law.

    Obviously a bad husband would not buy oroperties on her name... if he was that angelic , divorce would not have happened.

    How hard is to get that point?

    Why India is so afraid to pass 50-50 property after divorce bill?. The law says the victim can stay in the abusers house even though its on husbands name and that is the only option they give. Duh!
     
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  2. Rihana

    Rihana Moderator Staff Member IL Hall of Fame

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    OTOH, children born out of wedlock have right to the parent's ancestral and self-acquired wealth. If the old laws can be changed to start recognizing such children, I wonder why they can't be changed to be more fair to homemakers in divorce cases?

    Maybe, every divorce ending in a 50-50 share of wealth accumulated during the marriage is too much to ask for. But a homemaker woman seeking a divorce due to physical and other abuse, or the husband's infidelity, also not getting any share of the marital assets does not make sense.

    Why don't the usual women's organizations take up this cause? Or have they unsuccessfully?
     
    Vaikuntha likes this.
  3. Hopikrishnan

    Hopikrishnan Platinum IL'ite

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    OP has no backgrounder, or links, or references to where s/he got the information.

    The Hindu Marriage Act 1955 creates very difficult hurdles for a divorced woman (with no independent means to live) to gain a financial settlement after a divorce. And if the settlement has been awarded, whether it be to a man or a woman, the continuance of that depends on ..... See section 25, of THMA-1955.
    The court wants them to avoid remarriage, or sex :smash2:if the support payments need to continue: https://indiankanoon.org/doc/95286/
    :roflmao:
    Central Government Act
    Section 25 in The Hindu Marriage Act, 1955
    25 Permanent alimony and maintenance .—
    (1) Any court exercising jurisdiction under this Act may, at the time of passing any decree or at any time subsequent thereto, on application made to it for the purpose by either the wife or the husband, as the case may be, order that the respondent shall 55 [***] pay to the applicant for her or his maintenance and support such gross sum or such monthly or periodical sum for a term not exceeding the life of the applicant as, having regard to the respondent's own income and other property, if any, the income and other property of the applicant 56 [, the conduct of the parties and other circumstances of the case], it may seem to the court to be just, and any such payment may be secured, if necessary, by a charge on the immovable property of the respondent.
    (2) If the court is satisfied that there is a change in the circumstances of either party at any time after it has made an order under sub-section (1), it may at the instance of either party, vary, modify or rescind any such order in such manner as the court may deem just.
    (3) If the court is satisfied that the party in whose favour an order has been made under this section has re-married or, if such party is the wife, that she has not remained chaste, or, if such party is the husband, that he has had sexual intercourse with any woman outside wedlock, 57 [it may at the instance of the other party vary, modify or rescind any such order in such manner as the court may deem just].
    I noticed the difference in the verbiage for a divorced woman (she has to remain chaste!) and a divorced man (just not do the heterosexual act!). The behavior of the woman that could cause her to lose the alimony is open to interpretation, whereas that of a man is better-defined and confined to specifics.
     
    Last edited: Jan 9, 2021
  4. Roar

    Roar Gold IL'ite

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    Oh, just going thru some legal videos on yoitube outta interest on how western law differes to Hindu law. I expected our law to be more 'sanskari', well NOT.

    Even for the children to inherit it , proof should be presented by the ex-wife that the property is on the man's name... thus onus is on the woman. How in the darn world is she going to get hold of any papers at all?!

    Other countries recognise marraige as a joint effort. India being so loud on 'keep together' dosnt even recognise that its an institution. After all that cultural gyan on how family is so imp and selfless ness preach....when it has come to money, who ever has taken care of themselves ( and only themselves)will win.Hipocrates.

    Cant beleive its lawfully a disadvantage for a women to stay a housewife. Even law thinks her work is useless.
     
  5. Roar

    Roar Gold IL'ite

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    Apparently there was a law which was scheduled to pass but it never did and now it lapsed. No one cares ,really.
     

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