Matrimonial property rights to be referred to Law Comm, NCW

Government will refer the issue of joint matrimonial property rights to the Law Commission and the National Commission for Women for framing appropriate law, the Rajya Sabha was informed on Monday.

New Delhi: Government will refer the issue
of joint matrimonial property rights to the Law Commission and
the National Commission for Women for framing appropriate law,
the Rajya Sabha was informed on Monday.

Replying to questions, Minister for Law and Justice M
Veerappa Moily said at present, the joint matrimonial property
rights are governed by respective personal laws.

"Provisions for settlement and disposal of joint
matrimonial properties at the time of divorce have already
been made in respective personal laws and in some cases, it is
governed by customs and usages," he said.

The issue of properties jointly acquired during the
sustenance of marriage and giving women an equal right as men
would be referred to Law Commission and NCW, he said.

"We need to consider (giving women equal right over joint
matrimonial property). I agree with the concept," he said.

Moily said time had come for doing away with exclusion of
women in joint matrimonial property.

"We find many a times that our laws have a gender bias,"
he said. "Gender injustice is reflected in many law."

To a separate question, he said there was no proposal
before the Government to consider ratification of appointments
in judiciary in state courts by state legislative assemblies
and in Supreme Court by the Parliament.

Bureau Report

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