We are again heading towards another draconian law like 498A and 406 (Dowry).
All laws that get passed in India effects each one of us in many ways as all our loved ones reside there and we will always be treated as overseas citizens of india. At this time womens right to property of her spouse is being very hotly debated in India.
When you get married you agree to share more than your feelings, it is also the house and the property. But what property must you share and what remains your own is the question that is being debated in India currently.
For too long random laws are been framed to strengthen the broken inadequate legal system in India. We are again heading towards another draconian law like 498A (Dowry) if laws continue to be passed in such a casual and un-researched manner All Indian women will be heading to a major social and financial crisis. At present National status doesn’t exist on divorce in India, however, some records show that it is on the rise. With the current laws the end of even the worst marriage, usually spells disaster. The main reason for that is that there is no concept of joint marital property.
If the woman files for divorce, she virtually has no chance of obtaining financial settlement. What is needed is enforcement of existing alimony laws, fixing the broken judicial process and introduction of community property law or joint marital property. The one and only most important concept that can strengthen women in India and bring about a major change is the introduction of community property law in India. This entire talk about giving share in inherited property to women is a very wrong statement and sure enough will be struck down by popular will.
The main issue is that neither spouse should be left penniless or burdened by doing all household chores and look after children all by themselves and the other spouse on the other hand lead a lavish lifestyle.
The concept of marital property or Community property is defined as all property acquired by the man and his wife “during” marriage and not “before” or “after.” Money and property acquired before marriage can also be characterized as community property if it is commingled with separate property. One must remember that besides assets all debts incurred during marriage are also community debts of the couple. In community property states the following are separate property:
1. Gifts given to one spouse,
2. Property spouse owned before marriage and not commingled during marriage,
3. Inheritance, The court and the judges have description however to award separate property in the interest of justice that term is call “equitable distribution”. Where one spouse is unusually weathly due to a large inheritance or property acquired before marriage the court has discretion to award this property to the other spouse . Keep in mind you can change terms of your marital property ownership before your marriage begins with original agreement called pre nuptial agreement, however pre nuptial agreement has to be extremely fair and courts are inclined not to accept them if not executed properly.
The new amendment proposed on divorce of mutual consent has been long overdue and adoption of divorce in grounds of irretrievably break down marriage is very essential to avoid undue harassment and hurling accusation at each other and fabricating evidence leading to misuse of 498 A
I wrote the book “lives on the brink” and thoroughly researched all immigration laws and all international conventions between india and united states..it is important before making suggestions to such important bills a comittee to go over all bills pertaining to women are reviewed by competent persons and proper research is undertaken.
-Anu Peshawaria is An Internationally awarded Indian American lawyer, social activist, and Author. Anu Peshawaria Is unique Indian American lawyer who has expertise in both indian laws as well as US Immigration having served as the First Legal Advisor to the Embassy of india, Washington, DC. She has offices in California, Washington and India . She can be reached at 5102991907 or contacted at email@example.com