Divorce & dignity

Unlike the current system,where women have to prove their spouse’s earnings and are given a paltry “maintenance”,the new law belatedly acknowledges the idea of matrimonial property and a woman’s claim to it. This is not a question of sponging off a man’s resources — because the traditional division of labour usually means a woman works at home or in a flexible/ lower-paying capacity for the sake of the family,she may be significantly impoverished when the marriage breaks down. This law ensures women have the right to marital property,which vastly improves her negotiating power. However,it’s fuzzy on detail. Instead of automatically giving her half,it leaves the definition and division to the courts’ discretion. Since men and women may have differential legal access,many worry the law may still end up giving women a worse deal. In another much-needed intervention,“irretrievable breakdown” may now be accepted as a reason for divorce — and a husband cannot challenge that petition. There are other ways in which the law has been liberalised — courts can waive the waiting period for a joint petition for divorce,and the custody of adopted children will be conducted on the same terms as biological children.

Divorce is hard enough for women without the pain of litigation and a system that seems stacked against them. This amendment is a move in the right direction,but more clarity is needed to carry through its progressive intent.