Marriage Bill: Property Rights of Wife After Divorce

In August 2012, a bill called ‘The Marriage Laws (Amendment) Act’ was passed in the Rajya Sabha, in which some changes regarding property-sharing in divorce cases were made. Divorce lawyers are expected to make a handful, if this Act gets implemented.

The main change in this bill, which has worried many men, is the clause that “the wife’s share in property would be 50% in all her husband’s residential properties, no matter what, and in other properties, her share will be decided as per the court’s decision”.

Wife’s 50 Percent Share In Husband’s Property

In the past, the wife was entitled to a share in her ex-husband’s property, but no specific proportion was detailed, according to law. With the present amendment to The Marriage Amendment Laws Act, the ex-wife will enjoy half of her divorced husband’s residential properties, without any conditions. Women will have to apply for their 50 percent share, either through themselves or through a divorce lawyer.

Another significant point to note is that this rule applies to all properties owned by the husband (those bought both before and after the marriage). In the past, the wife’s divorce lawyer could only claim a share of the properties bought by her husband after she was married to him. If the man does not have a good divorce lawyer, he will stand to lose a lot from such a divorce. Hence, it’s better to work things out and not get a divorce, if possible.

When A Wife Is Joint Owner in Her Husband’s Residential Property

Sometimes couples register a house in both their names. While some pay for the house with their respective salaries, in some cases the husband may for the house by himself. Now, what would happen in case of a divorce? Well, the woman would get her normal 50 percent share, plus 50 percent of her husband’s 50 percent share in the residential property. Meaning, the wife would get 75 percent, while the husband would have to remain satisfied with a mere 25 percent.

Wife’s Rights on Other Properties of Husband in India

Other than the compulsory share of 50 percent in her ex-husband’s residential properties, the woman’s divorce lawyer can also claim a share in the man’s other types of properties. This quantum is not specified in the bill, and depends on the ‘current living standard of the wife’.

Is This Law Against Men?

Many pro-male groups and lobbies have criticised The Marriage Laws (Amendment) Bill as being anti-male and illogical. Some of this points that have been brought up are:

• The bill only mentions division of the husband’s properties, and does not include the wife’s properties. Even if it is the woman’s fault, she will still get her husband’s hard earned land/house etc, but his divorce lawyer will not be able to claim anything from her. 
• If husband and wife are living separately for many years, the wife can oppose divorce due to ‘irretrievable breakdown of marriage’ on the grounds of financial hardship, but the husband’s divorce lawyers cannot. 
• The law is expected to encourage more women to file for divorce, and grab their husband’s property. This will spoil the family system, and encourage the proliferation of divorce lawyers, who will make big bucks. 
• Men who are thinking of divorce may convert their residential properties into immovable assets or transfer their house to parents/relatives names, to prevent their wife’s lawyers from claiming 50 percent in their property.

What do you think of the divorce-related property division clauses in the Marriage Laws (Amendment) Act 2010? Please post your comments below.

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Tackling Obscene Crank Callers

Tring Tring....Tring Tring....Usually, I would have excitedly picked up the phone to speak to the voice on the other end, even if that person was just a wrong number or a telecaller. This time I was terrified.

I recognized the number flashing on my mobile phone screen. It was the number of the same person who had been bothering me over the past few weeks. I had threatened to call the police, but he was quite brash and unconcerned about it. My father had spoken to him, my brother had yelled at him and my boyfriend had threatened him, all to no avail.

I was too scared to pick up the phone. Earlier, when I had answered it, this psycho kept asking me questions in a threatening voice and spooking me out. I had put the phone in silent mode, so that the ringing would not disturb my colleagues in office. I quietly watched the screen light of the phone flash. This psycho crank caller was just not giving up. That evening, he called me fourteen times.


How To Deal With Obscene Psycho Crank Callers

I asked for advice on how to handle and stop these obscene crank phone calls. Most people told me to ignore it, they said the harassing caller would just stop calling after some time.

• My mother warned me not to call the cops. She said that if a case is filed, it can drag on forever. Also, some psychos just want you to file a case, just so they get a chance to meet you and see you regularly.
  
• My friends advised me to change my number, but I did not want to lose all my contacts on my mobile phone.
  
• I decided to wait a bit. However, the harassing crank caller simply refused to stop calling me, even after nearly three weeks of ignoring his calls. I was really confused and stressed out.
  
• Then my sister encouraged me to call the police, as it was the last and only option available.

The next time the psycho crank caller rang, I answered the phone, but kept silent. There was silence at the other end for around 5 minutes, after which the psycho caller hung up the phone in frustration.


Getting The Police To Help Tackle Harassing Phone Calls

I mustered the courage and dialed 100. The lady at the police call center was very helpful and seemed to have received many calls from stressed out women like me. She gave me a special number of the Delhi Crime Branch - 27894455. This is a 24 hour helpline of a cell specifically constituted to deal with obscene callers who regularly try various numbers to harass women. Women may also forward obscene test messages (SMS) and multimedia messages (MMS) to 9911135446 or email details to acp-sit-dl@nic.in.

With a bit more confidence, I dialled 27894455. A male police officer picked up and I told him about the problem caller. He asked for information such as the phone numbers called from, duration of calls, type of conversation spoken, my reaction to the calls and some personal details.

The Delhi Police officer told me he would call the psycho caller and speak to him. Within 5 minutes, the police officer called back. He told me he had spoken to the psycho caller and told him that stringent action would be taken if he repeated this behavior. The cop also gave me a complaint number and asked me to call back if the psycho caller ever bothered me again.

I am very relieved to say that I didn't have to call Delhi Police Crime Branch again. The best thing about this system is that my identity was kept secret and not revealed to the obscene caller. Also, I did not have to visit the Police Station to file a complaint and answer weird questions about what exactly was said, which would have been quite embarrassing. Learning from this experience, I would advise all women bothered by lewd and obscene calls to use this as the first rather than the last option. It certainly helps avoid a lot of stress and unnecessary bother.

Have you received obscene crank phone calls, text messages or email? How did you handle the situation?

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• Tips On Dealing With A Psycho Stalker (How I handled the situation)
  

Tips On Dealing With A Psycho Stalker

Tips On Dealing With A Psycho Stalker

Recently, a 'sadak chaap mawali' (street toughie) took it upon himself to follow me around on my way to office. Even though I have experienced this sort of incident numerous times, starting from the time I was in 7th grade, I couldn't help feeling real scared all over again. Here is a write up of the incident, the advice I received from my friends and my guidance to other women who find themselves in similar situations.

Day 1 - As I was walking to work, I noticed this guy staring at me and trying to keep up with my hurried pace. Soon, I felt a tug on my arm. Turning around I found myself looking into the leering face of a short, skinny youth. Since, I've come across his type many times over, I told him to 'Walk Ahead' (Aage Chal).

Sadly, I had reached office quite late and there were no other office goers walking on the deserted path ahead of me. I thought it best to ignore him and walked on ahead. He kept asking me the time and saying things in a local dialect which I could not understand. I told him to go away as I walked into my office building. Such 'stalkers' are usually not seen in the same place twice.

Later, I asked my friends for advice on how to tackle such a 'stalker'. This is what I got -

- Ignore him completely, he will get bored and walk off.

- Carry pepper spray or chilli powder. If there is no one around, use it and run away immediately.

- Don't try to lose the stalker by going down empty paths, you'll get in even more trouble.

- Make friends or walk alongside other ladies, even if you don't know them. Make sure there are other people around you.

- Tell people around you about his deeds. You may feel a bit embarrassed but it is better than keeping silent. You are safer if a group of people knows.

- Say your prayers. It works to turn luck in your favour. You will be helped by the most unlikely of strangers or the psycho will get distracted by something and leave.

- Shout so that everyone looks, but don't use any foul language. Don't say mean things.

- Make a crying face, act helpless to the crowd - so that other guys come to your defence.

- Keep a straight face, don't look scared or make silly expressions.

- Tell the stalker in a very loud voice to stop following you and go and do his own work. (Pichha mat karo, jao yahan se, apna kaam karo)

Prepared with this advice, I thought I was ready to tackle any psycho that ever stalked me again, but...................

Day 2 - I was walking down the office complex path that leads to my office building when I heard a voice behind me saying, "Namaste Madam". At first I thought someone from my office was greeting me. Turning around, I realised that it was the same 'stalker'. His complexion was wheatish while his features were typical of natives of western Uttar Pradesh. He was wearing an over used T-shirt, grey pants and sneakers.

The 'stalker' continued to closely shadow me. I felt an icy cold chill run down my spine. I'd often read in mystery novels about this 'chill' but never experienced it first hand. It was as cold as fingers get after dipping them in 'Kulfi' on a frosty January morning. He kept mumbling something in a local dialect which I just could not pick up. I was shit scared and shivered even though it was 40 C around me. I looked around for a crowd...people...anyone. Cars kept speeding by, honking loudly.

I prayed for strenght. As, I reached a group of office goers ahead, I suddenly found myself yelling at the 'stalker'. I have never yelled at anyone in such a loud voice before. Everyone turned to stare. I kept yelling, telling everyone how this person was following and harassing me. (Picha mat karo, Bhaiya Babuji dekhiye, yeh humare pichcha kar raha hain, humein tang kar raha hain) Everyone glared at the stalker who turned away and took off.

I have not seen the 'stalker' again, till date. Thank God !

I discussed this issue with my friends and came up these points which every woman should know about.

- Psychos or Stalkers feed on fear. Their main aim is to get you frozen scared, so that you won't be able to do anything when they finally misbehave or attack you.

- Psychos or Stalkers select the most vulnerable person. It does not matter if you are 12 or 80 years or whether you are wearing salwar khameez or jeans. They go for someone with an innocent face who looks like they can be easily bullied. A person who does not protest or create a scene.

- Never Attack First - Don't slap, use pepper spray or kick the Psycho Stalker in the balls before he makes a physical move at you first. This would make you the villain and give him an excuse to touch you. However, if you are in a lonely area and are cornered, then you should attack first and run away. Remember, men are physically stronger than women and can easily overpower you, so don't stick around to watch if he recovers.

- Don't Use Insults or Swear Words - This makes the Psycho Stalker even more determined to get you one day. Also, passersby are less likely to help you if you are rude. Speak loudly, use general language and tell the psycho to go away in front of everybody.

- Keep an expressionless, unbothered look on your face and try to get to a crowded area where you can make a scene. Don't be embarrassed - the embarrassment is all his to bear and he should be ashamed of himself.

So, have you ever dealt with a psycho before ? How was the experience ? Do you have any tips to add ?

Other Useful Articles

• Tackling Obscene Crank Callers (How I handled the situation)