Goa law be made applicable in settlement of property in divorce matter
Mr Shantaram Naik M.P. said that the provisions of the law prevailing
in Goa in the matter of property distribution be made applicable while
disposing divorce matters under Hindu Marriage Act and Special Marriage Act.
Initiating the debate on behalf of Congress Party in the Rajya Sabha on
Wednesday, on Hindu Marriage (Amendment ) and Special Marriage (Amendment )
Bill, Mr Naik said the government’s proposal to amendment the two acts in order
to include the additional ground of divorce , namely , of irretrievable
breakdown of marriage is the need of the hour.
It is true, Mr Naik said that the government , as per the recommendation
of the Standing Committee Report, proposes to give discretion to the court to
order financial assistance or share in the property to be given to the wife as
may be deemed fit .
But, Mr Naik said that instead of giving discretion to the courts, it is
advisable to import Goa law into the bill and where a definite share goes to
the wife upon the marriage. At this state Mrs Najma Heptullah of BJP intervened
to support Mr Naik on this point.
Mr Naik tried to allay the fears of the members that the bill was
anti-women and said that the new ground of irretrievable breakdown of marriage
avoids long trials where characters assassination women is done in courts, as a
results of which, media tries to carry the stories very widely, family
members remain in constant psychological pressure , social murmurs become
the order of the day and, the effect on the minds of children, is
unimaginable.
Under the present bill any of the spouses can file for divorce after
they satisfy the court that, they have leaved separately for three years and
state that there is a irretrievable breakdown of marriage. In such cases, there
is no much scope for allegations, Mr Naik said.
Mr Naik said that the government has not brought the bill simply
because the Supreme Court in their judgments have recommended the same or that
this ground is available in foreign countries but because India also needs
such a law.
Mr Arun Jetley of BJP who spoke on behalf of his party had the basic objection
to the new ground basically because the bill does not make substantial
provision for wife.
Mrs Najma Heptulla of BJP said that the bill requires that husband and wife
should live separately for three years before applying for divorce under the
ground of irretrievable breakdown of marriage but ,in our country , husbands go
out for employment and sometimes return after three years, such cases should be
carefully examined.
Mrs Jaya Bachan said that even under this new ground divorce is not going to be
easy .
Mrs Kanimozi, DMK M.P. said two persons married because they want to stay
together but if they would like to part company, they should have freedom to do
so.
Shri Tapan Kumar Sen, H.K.Dua, Smt Maya Singh, Ram Kripal Yadav, Rama
Joice (Ex- High Court Judge), Saif-ud-Din Soz and others participated in the
debate.
In view of the suggestions made by members, particularly, relating to the
right in the property to be given to the wife, Union Law Minister Shri Salman
Khurshid sought time of the House to reply to the debate and come out with some
amendments.
SHANTARAM NAIK
