Experts want common property sharing law

Hyderabad: Legal experts in the city say that a common property sharing law is essential in cases of divorce. 

At present maintenance rules are considered ineffectual both in terms of restricting divorce rates and in terms of giving relief to the women, as husbands do not pay maintenance intermittently, so using financial constraint as a deterrent becomes ineffective.

In India, aspects of property under the Marriage Act, come into play only at the time of deciding how much alimony or maintenance must be given as it is representative of the financial soundness of both the husband and wife. Any property accumulated after marriage jointly will go in favour of whoever holds the ownership. So a clear cut return of investment may not be possible, unless both spouses do so truthfully.

“All divorce cases must be linked to property sharing, otherwise the number of destitute women will be on the rise,” says senior advocate Vani Suri. This she says is in keeping with the census statistics which show that divorced women get less of a chance than divorced men to start life afresh and remarry. 

In countries such as the USA and New Zealand, whatever property the bride and groom have before the marriage is for them to retain individually. However, whatever is bought after the marriage becomes common property.

In 2010, an amendment was proposed to the Indian Marriage Act which stated that of the total property held by a man, he must share 50% of it with the wife. The bill was passed in the Rajya Sabha, but the Lok Sabha did not approve it. “The case of property disputes in divorce is not a burning issue for now. But like how Triple Talaq was amended, the rules on this would be regularised when it affects a larger population,” says advocate Nageswara Rao.