The society has not paid what it should have in improving the condition of women in our country. So, contributing to the same fact, our Law Commission report suggested a reform that wants the legal system to give equal share in property that they have gained after marriage, when they go for divorce.
The commission suggested to proceed with certain amendments in every personal and secular laws that govern this subject. However they have stressed to the wrong use of such a reform as well and specifically talked about the ‘ absolute nature’ of the same. No kind of split can be made which results prejudice to any of the spouse.
So they have acknowledged the discretion of courts in deciding such cases. It is because what property actually belongs to couple needs to be determined. The paper has elaborately focused on the sacrifice of our women to decide family over respective careers which is never calculated in monetary compensation.
This division of gained property is deemed to be the gift of what household labour our women does without relying to the fact that the contribute financially or not.
Instead of formulating a uniform civil code this consultation paper was given in the form of Reform Of Family Law. However the scope of this paper is limited to gained property and not the inherited one though the courts can take those into consideration while deicding for maintenance and alimony.
Suggested changes can be made in Hindu Marriage Act 1955, Special Marriage Act 1954, Parsi Marriage And Divorce Act 1936 (for christians) and the Dissolution Of Muslim Marriage Act 1939.
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