Legal Question in Family Law in India
The law which is recently passed and accepted by legislature, which falls u/s 13F,which states that woman seeking divorce or had divorce, can now has share or claim share in her husband's paternal property.
What is the minimum expected time that it becomes a proper law, and actionable in courts.
And though it is not a law right now, but will it affects anyway the second motion of mutual consent divorce filed u/s 13B.Because some greedy wives may not appear for second motion,now...they think that why not wait for the law to become actionable..then appear for second motion,then have divorce and then claim share in husbands paternal property...
Please advice.
3 Answers from Attorneys
dear client if parliament pass act relating share of wife then also that law will not apply to previous marriage. the law will applicable to those marriages who r perform after passing of law. for any legal help call me on 9422611385
ADV PRASAD PATIL
An appropriate advice may depend upon factual matrix of each case.
only after the law is passed, the safeguards can be suggested.
thanks and regards
Adv. Rajiv