pibwba.gif (2540 bytes)

October 01, 2001

‘7’

PRESIDENT’S ASSENT TO THREE BILLS

    The President has given his assent to the Marriage Laws (Amendment) Bill, 2001, the Code of Criminal Procedure (Amendment) Bill, 2001 and the Indian Divorce (Amendment) Bill, 2001, passed during the Monsoon Session of Parliament ending August 31, 2001. With this, these three Bills have been notified in the Gazette of India as Act Nos. 49, 50 and 51 respectively of 2001.

    The Marriage Laws (Amendment) Act, 2001, which seeks to amend the Special Marriage Act, 1954, the Hindu Marriage Act, 1955 and the Parsi Marriage and Divorce Act, 1936, seeks to provide for interim judgement in the form of relief to the distressed women mandatorily by courts of law within 60 days from serving of notices pending final disposal of divorce suits. This is intended to be a milestone towards family law reforms in the country. This amendment has come into force with immediate effect.

    The Code of Criminal Procedure (Amendment) Act, 2001, which amends the Code of Criminal Procedure, 1973, seeks to remove bar on ceiling of alumni of Rs. 500 monthly to women in distress in the event of judicial separation or divorce as fixed in 1955 and retained in 1973 ominbus amendment Act of Code of Criminal Procedure. The cases of alumni will henceforth be decided within 60 days as an interim measure pending their final disposal by courts. Hereafter, the alumni amount will be fixed by courts reasonably proportionate to the assets and income of husband in the event of judicial separation or divorce. It will be a great relief, indeed, to the women in distress.

    The Indian Divorce (Amendment) Act, 2001, which amends the Indian Divorce Act, 1969, seeks to undo the injustices and anomaly in respect of Christian women in the matters of judicial separation or dissolution of marriages. The amendment has been effected in the light of several judgements by the High Courts having struck down as ultra virus the Constitution of India several provisions which were highly discriminatory to Christian women in the 1869 Act and based on a broad consensus evolved by the Government in consultation with the Christian community at large and their representatives in the Parliament.