Budheejeevies and Ministers ask MPs to enact a law , which gives divorcing wife share in husband's property (19-May-2012) No.2

May 19, 2012

https://www.facebook.com/mehtarahulc/posts/10150805013071922

Budheejeevies and Ministers ask MPs to enact a law , which gives divorcing wife share in husband's property.

Pls google to know more about the new law. This post of mine is only to explain how the proposed law is DIFFERENT from the laws prevailing in USA

USA has different law for each State. But following general rules apply across states.

In USA, wife gets a share of husband's property. But she gets share of property that got added to husband's wealth AFTER marriage minus inheritance husband got from his relatives. In case of absence of parts or whole of wealth, income and expense records, courts will make necessary assumptions to implement what is called as "pro-rata" splitting.

To give an example, say husband on the day of marriage had cash plus material wealth one million dollars, income earned in next 3 months was $200,000 and expenses done were $100,000. And now cash plus wealth is $1.1 million. Then wife will get 50% of only $100,000 and nothing from $1 million.

And in case of wealth obtained from inheritance, wife gets nothing. Of course, unless husband got inheritance from relative of wife, in which case she will have half (or even more).

Further, pre-neputial agreements are valid in USA, as long as they are not very one-sided. eg wife is entitled for 50% if there is no agreement. But if agreement says that wife will get 50% or $ 1million, whichever is less, it is valid. Of course, if husband writes peanut amounts like $1000, then entire clause will get labeled as one-sided, get voided and then wife may get 50%. So drafters ensure that clause is not completely one-sided. But as long as it is not one-sides, the clause can make the share considerably lower than 50%. The Indian MPs have refused to acknowledge pre-neputial agreement.

And second-lastly, disputes in USA can be given to Juries who are non-corrupt and dont have nexuses with lawyers. Whereas ku-buddhejeevies in India have insisted that marital disputes must NOT go to Juries and must be given to judges only. Over 95% judges want their relative lawyers to earn crores of rupees. And so judges will misuse this law to benefit lawyers, something that doesnt happen in USA that often. Further, citizens have Right to Recall District judges and also High Court judges, and so judges tend to be less nepotic.

And lastly, the courts in USA are fast. They are indeed slow when it comes to divorce --- it takes one year, which is slow by USA standard, but lightening fast by standard established by Indian judges. In India, divorce trials taking 5 years to even 6 years is common. So during these trials, assets like home, factory etc may become immobile and untradable. This will create a huge mess.

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The Ministers are proposing one after another bad laws. eh this property sharing law, Janlokpal or Lokpal with no right to recall Lokpal, reservation for Muslim former-Dalits, allowing FDI in retail, increase service tax etc. These laws are coming because activists across India on leader-worshipping and oppose the notion that they should focus on law-draft. And their leaders such as Sonia, MMS, Yechuri, LKA, Arun Jetley, The Anna, The Chhote Anne, Subramanian Swamy etc all misguide these activists and tell them to confine to naare-baazi, rally, dharana, leader-worshipping, PIL worshiping, and so forth. So activists dont focus on law-draft and so mess keeps increasing.