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| Amended Hindu Marriage Act on divorce likely to hit 'real estate business' | | | EARLY TIMES REPORT
Jammu, Apr 13: The purchase and sale of land in Jammu is likely to receive a serious setback as is being apprehended by some entrepreneurs dealing in the real estate business here in state.
According to majority of them the reason behind this is attributed to the new law coming into the force through Hindu Marriage Act that empowers women with special rights above their male counterparts. "Thus males who are denied right to oppose the wife's move in the court for irretrievable breakdown of marriage may force husbands to give a second thought before purchasing the immovable property in the name of their spouses, they observed.
As the Cabinet has approved amendment to Hindu Marriage Act on divorce, and according to the new amendment, a wife can oppose a husband's plea for a divorce under the new 'irretrievable breakdown of marriage' clause while the husband will have no such rights to oppose if the wife moves the court on the same grounds.
This has somehow given uneasiness to both the executor as well as executees of the land sale deeds in Jammu. "Since most of the sale deeds are executed in Jammu through the names of their spouses by the husbands to conceal the actual buyers, this Bill coming into force has given a reason for the buyers to put up a second thought before purchasing the lands," said one of the leading property dealers on anonymity.
He further revealed that majority (nearly ninety five percent) of the sale and purchase deeds executed by him with different clients (males) in Jammu are done in the name of their 'spouses'.
The state of J&K being at a disadvantage of any corporate culture existing here for the potential business doers to venture into different jobs, selling and purchasing land here has become the prime occupation with them and majority does it in the name of their spouses.
The bill denying husband any right to oppose the wife's move in the court for 'irretrievable breakdown of marriage', will end up as a serious base for the males to rethink purchases of immovable property in the name of their wives.
"We are examining pros and cons of amendments in Hindu Marriage Act and these will be taken under the meeting of the Cabinet Sub Committee headed by the Law Minister Ali Mohammad Sagar, said an official.
Law Secretary, Ghulam Hassan Tantray, said this particular issue is also one among many others which will come for deliberations and presently we simply has to act like a spectators just see what has to be done at that particular time.
Referring to the modern culture where expectations are more from the two sides and divorce rate is higher, a retired government employee residing at Trikuta Nagar said, "I have purchased two pieces of land spread in my wife's name and I do not fear any misadventure but the things are different for the new generation as being more reactive to changing trends.
It is pertinent, however to mention here that Jammu has not shown any reckless responses to marriage breakdowns leading to the rise in divorces here, but the system in vogue about men purchasing land in name of spouses is all likely to receive a dent after the new Bill comes into the force.
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