https://padlet.com/aliyah0932/h1gwln8n083p One world article en-us 2016-11-18 18:59:12 UTC 2016-11-19 00:10:37 UTC hello@padlet.com aliyah0932 https://padlet.com/aliyah0932/h1gwln8n083p/wish/138808513 https://docs.google.com/document/d/1sr76JgKF44VEs3woKxcbNBAllL57E6bCE5XLWT3jjVI/edit]]> 2016-11-18 19:01:32 UTC https://padlet.com/aliyah0932/h1gwln8n083p/wish/138808513 aliyah0932 https://padlet.com/aliyah0932/h1gwln8n083p/wish/138808656 https://docs.google.com/document/d/1PqmEKjd8-4wGrBbQXIjIsmXXIUyzxRokarSiKdO5GI0/edit]]> 2016-11-18 19:02:01 UTC https://padlet.com/aliyah0932/h1gwln8n083p/wish/138808656 aliyah0932 https://padlet.com/aliyah0932/h1gwln8n083p/wish/138808984 The recent amendment to the Hindu Marriage act 1955, Its one of the few that is based on religious affiliation]]> 2016-11-18 19:03:01 UTC https://padlet.com/aliyah0932/h1gwln8n083p/wish/138808984 aliyah0932 https://padlet.com/aliyah0932/h1gwln8n083p/wish/138809576 laws are based on a religious group affect only a section of the population and changed for the better also move at different speeds]]> 2016-11-18 19:04:48 UTC https://padlet.com/aliyah0932/h1gwln8n083p/wish/138809576 aliyah0932 https://padlet.com/aliyah0932/h1gwln8n083p/wish/138810442 parties can always opt for the secular, the religious law is often the one applied de facto. ]]> 2016-11-18 19:07:45 UTC https://padlet.com/aliyah0932/h1gwln8n083p/wish/138810442 aliyah0932 https://padlet.com/aliyah0932/h1gwln8n083p/wish/138811146 The amendments passed this year affect only those who are governed by the Hindu Act, including Jains, Buddhists and Sikhs, and those who marry under the Special Marriage Act]]> 2016-11-18 19:10:01 UTC https://padlet.com/aliyah0932/h1gwln8n083p/wish/138811146 aliyah0932 https://padlet.com/aliyah0932/h1gwln8n083p/wish/138812749 The amendments to the Acts mentioned above allow for a change in the procedure of obtaining a divorce when the marriage has irretrievably broken down. In addition, they try to ensure that, at the very least, maintenance arrangements are more than a mere token.]]> 2016-11-18 19:14:53 UTC https://padlet.com/aliyah0932/h1gwln8n083p/wish/138812749 aliyah0932 https://padlet.com/aliyah0932/h1gwln8n083p/wish/138813615  It admits to a rather mind-boggling scale of delay in acknowledging that the legislative recognition of irretrievable breakdown as a clear ground for divorce was required to reconnect the law with existing social realities.]]> 2016-11-18 19:16:47 UTC https://padlet.com/aliyah0932/h1gwln8n083p/wish/138813615 aliyah0932 https://padlet.com/aliyah0932/h1gwln8n083p/wish/138814319 1978 Indian Law Commission Report had spoken in favor of these reforms almost 32 years ago. Likewise countless Supreme Court and High Court judgments had consistently echoed the demand for these reforms over the past three decades. ]]> 2016-11-18 19:18:33 UTC https://padlet.com/aliyah0932/h1gwln8n083p/wish/138814319 aliyah0932 https://padlet.com/aliyah0932/h1gwln8n083p/wish/138814995 Finally, the Law Commission on its own took up the issue again and submitted the suo moto report in 2009. This seems to have propelled the amendment through, giving the matter the necessary final push. ]]> 2016-11-18 19:20:23 UTC https://padlet.com/aliyah0932/h1gwln8n083p/wish/138814995 aliyah0932 https://padlet.com/aliyah0932/h1gwln8n083p/wish/138849789 court gives ground for the fear, often raised by women’s groups, that the courts are not always sympathetic to the plight of women, or their desire for a certain degree of financial independence]]> 2016-11-18 23:53:57 UTC https://padlet.com/aliyah0932/h1gwln8n083p/wish/138849789 aliyah0932 https://padlet.com/aliyah0932/h1gwln8n083p/wish/138849818 Corruption within the judicial system, male biases, gender insensitivity, should make us doubt whether we can afford to trust these institutions blindly. In addition, as with all reform, legal empowerment on paper often does not translate into actual empowerment]]> 2016-11-18 23:54:53 UTC https://padlet.com/aliyah0932/h1gwln8n083p/wish/138849818 aliyah0932 https://padlet.com/aliyah0932/h1gwln8n083p/wish/138849860 women ignorant of their rights would face much the same situation before an unsympathetic judge as they faced prior to the passage of the amendment, since knowledge of the law remains low]]> 2016-11-18 23:56:17 UTC https://padlet.com/aliyah0932/h1gwln8n083p/wish/138849860 aliyah0932 https://padlet.com/aliyah0932/h1gwln8n083p/wish/138849890  As a safeguard against misuse of this provision, the wife has been allowed to contest a divorce on this ground if it would cause her grave financial hardship]]> 2016-11-18 23:57:33 UTC https://padlet.com/aliyah0932/h1gwln8n083p/wish/138849890 aliyah0932 https://padlet.com/aliyah0932/h1gwln8n083p/wish/138849994 The Court would then have the right to dismiss the petition or ensure that such hardship is eliminated, the husband has not been given such a corresponding right.]]> 2016-11-19 00:00:32 UTC https://padlet.com/aliyah0932/h1gwln8n083p/wish/138849994 aliyah0932 https://padlet.com/aliyah0932/h1gwln8n083p/wish/138850044  the duty of the judge to ensure the adequate maintenance of the children in the marriage and makes explicit mention of those with special needs – again a long overdue clarification and confirmation]]> 2016-11-19 00:02:39 UTC https://padlet.com/aliyah0932/h1gwln8n083p/wish/138850044 aliyah0932 https://padlet.com/aliyah0932/h1gwln8n083p/wish/138850150 The statutory articulation of maintenance for the family is a step in the direction of ensuring that children’s rights are made enforceable and the financial responsibility is to be borne by all able parties]]> 2016-11-19 00:04:21 UTC https://padlet.com/aliyah0932/h1gwln8n083p/wish/138850150 aliyah0932 https://padlet.com/aliyah0932/h1gwln8n083p/wish/138850160  However, although the maintenance for the children has been made ‘consistent’ with the ‘financial capacity’ of the parties to the marriage, the level of maintenance to be secured for the wife has been left to the discretion of the courts]]> 2016-11-19 00:04:49 UTC https://padlet.com/aliyah0932/h1gwln8n083p/wish/138850160 aliyah0932 https://padlet.com/aliyah0932/h1gwln8n083p/wish/138850186 The owner of the property, even during the subsistence of the marriage, is the person who paid and bought the property and not the spousal unit.]]> 2016-11-19 00:06:09 UTC https://padlet.com/aliyah0932/h1gwln8n083p/wish/138850186 aliyah0932 https://padlet.com/aliyah0932/h1gwln8n083p/wish/138850196  many families still live in joint family arrangements, with the various inhabitants of the property not enjoying clearly demarcated right, there is a whole jurisprudence that has evolved around the Hindu Undivided Family and maintenance will have to work hard to find its way in.]]> 2016-11-19 00:06:27 UTC https://padlet.com/aliyah0932/h1gwln8n083p/wish/138850196 aliyah0932 https://padlet.com/aliyah0932/h1gwln8n083p/wish/138850231  the loopholes that remain perhaps call for a more coherent reading of what rights need to be secured for all the parties involved in case a family unit breaks down, there is still a gap between the law as it exists in the statute books and everyday realities.]]> 2016-11-19 00:07:45 UTC https://padlet.com/aliyah0932/h1gwln8n083p/wish/138850231