Union Cabinet approved the Marriage laws (Amendment) Bill, 2010

The Union Cabinet of India on 23 March 2012 approved the redrafted Marriage laws (Amendment) Bill, 2010. The bill seeks to give a woman share in her husband’s property in case of a divorce but the quantum of share will be decided by the courts on case by case basis. It also aims at giving rights to adopted children on par with biological off-springs.
According to the redrafted bill, adopted children will have rights on par with biological off-springs of a couple in case the parents go for a divorce. It is important to note that all these changes in the bill were based on the recommendations made by the Parliamentary Standing Committee on Law and Justice and Personnel.

The Marriage Laws (Amendment) Bill, 2010, was introduced in the Rajya Sabha in August 2010 and then it was referred to the Parliamentary Standing Committee on Law and Justice and Personnel.  Earlier, The Union Cabinet of India on 10 June 2010 had approved the introduction of a Bill, namely, the Marriage Laws (Amendment) Bill, 2010 to further amend the Hindu Marriage Act, 1955 and the Special Marriage Act, 1954, to provide therein irretrievable break down of marriage as a ground of divorce.

The Bill would provide safeguards to parties to marriage who file petition for grant of divorce by consent from the harassment in court if any of the party does not come to the court or try to avoid the court to keep the divorce proceedings inconclusive.

At present, various grounds for dissolution of marriage by a decree of divorce are laid down in section 13 of the Hindu Marriage Act, 1955. The grounds inter alia include adultery, cruelty, desertion, conversion to another religion, unsoundness of mind, virulent and incurable form of leprosy, venereal disease in a communicable form, renouncement of the world and not heard as being alive for a period of seven years or more. Section 27 of the Special Marriage Act, 1954 also lays down similar grounds. However, section 13-B of the Hindu Marriage Act and Section 28 of the Special Marriage Act provide for divorce by mutual consent as a ground for presenting a petition for dissolution of marriage.