Matrimonial property laws in india: Need of the hour

  • Isha Kabra
Keywords: marriage, property, divorce, family law, maintenance

Abstract

In the present era of increasing awareness among people about granting equal status to women and taking steps for their empowerment, a lot is happening. But the question we need to ask is whether all of these steps address the grave issues which have a major impact over women? The answer to this cannot be affirmative. In India, we grant certain property rights to women such as absolute rights over what we call as stridhan. When a woman decides to opt out of a marital relationship, she faces major sustenance issues. In order to help such women sustain themselves, various legislations have been put in place such as maintenance laws, Protection of Women from Domestic Violence Act, 2005 etc. But even these legislations hardly suffice in providing the required resources to a woman. In India, there is no law which regulates the division of marital property after divorce. As a result, we see a prevalence of separate marital property regime in India which means that the person who has the title to the property (mostly the one who made the major financial contribution and in Indian scenario, the man) takes the property after divorce. This regime creates huge problems in India because the contribution of the homemaker (the woman in Indian scenario) gets completely ignored and she is left with nothing in case the marital tie breaks down. The major purpose of this paper is to bring out this problem and argue for a legislation regulating the division of marital property after divorce and based on community of property regime, as it is followed under various other jurisdictions.

Published
2019-02-16
How to Cite
Kabra, I. (2019). Matrimonial property laws in india: Need of the hour. Nirma University Law Journal, 5(1), 17. https://doi.org/10.1234/nulj.v5i1.90
Section
Articles