Husbands Will Have To Declare Assets

 Sept 27, 2010

Bangalore: Wives fighting for maintenance in divorce cases have a lot to look forward to if the state government accepts the recommendations of the Karnataka Law Commission.
On Monday, the commission, headed by retired Justice V S Malimath, recommended the amendment of Section 125(1) of the Criminal Procedure Code (CrPC), making it mandatory for husbands to file an affidavit about their income and assets.
Pressing for this change, the report said in many divorce cases, wives, children and parents are struggling to lead a normal life due to no maintenance.Therefore,husbands should declare assets and liabilities within 15 days from issuing notice of the divorce. They should also give details of employment.
“Having regard to the urgent need to provide maintenance to neglected wife, children and parents, the law requires that the magistrate should dispose of the application as far as possible within 60 days from the date of service of notice of the application,’’ the report said.
The commission also came to the rescue of a woman who marries a man without knowing about his earlier marriage. It has also recommended the inclusion of a woman in a live-in relationship in the definition of wife.
Recommending the amendment of Section 498A of the Indian Penal Code, the commission said if a woman files a compliant against her husband or relatives, it’s considered a non-bailable offence and the entire family is punishable with three years’ imprisonment if found guilty. The commission recommended it should be made a bailable offence and only the husband or a relative of husband subjecting her to cruelty be punished.
Submitting the report to law minister S Suresh Kumar, Malimath told reporters the commission was ready to help people who approach it on legal issues. The commission has also submitted 10 other reports related to Criminal Law Amendments Act, Karnataka Lokayukta Act, The Indian Succession Act 1925, Karnataka Panchayat Raj Act 1993, CrPC 1973, among others.