The Hindu : National : AIDWA's concern

Online edition of India's National Newspaper
Thursday, Mar 23, 2006

National

National

AIDWA's concern

Special Correspondent

NEW DELHI : The All-India Democratic Women's Association (AIDWA) has expressed concern over the Supreme Court directive to the Government to enact laws for granting divorce on the ground of irretrievable breakdown of marriage.

In a statement on Wednesday, AIDWA president Subhashini Ali said the Government should not take such a step in the absence of legislation on women's rights to marital property, child support and adequate maintenance. Given the status of deserted women and children, a law to get divorce on this ground would worsen their position. Indian women did not have the right to any of the assets in the matrimonial home even after years of marriage, she said.

Contribution of women to household had not been recognised by the law. They only had the right to maintenance, which they found extremely difficult to access. This was despite the fact that maintenance was supposed to be granted on the basis of the husband's income and the family's standard of living prior to separation.

It was unfortunate that the divorce laws mostly served patriarchal interest. Recognising the fact that in cases of irretrievable breakdown of a marriage, divorce was often necessary, AIDWA said this should not become a tool in the hands of unscrupulous husbands to get rid of wives and children before providing for settlement.

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