Supreme Court waives six months wait for divorce under Hindu Marriage Act

Agencies
September 13, 2017

New Delhi, Sept 13: The Supreme Court on Tuesday held that the minimum cooling period of six months for granting the decree of divorce under the Hindu law can be waived by a trial court if there was no possibility of cohabitation between an estranged couple.

The 1955 Hindu Marriage Act provides for a statutory cooling period of six months between the first and the last motion for seeking divorce by mutual consent to explore the possibility of settlement and cohabitation.

"We are of the view that the period mentioned in section 13B(2) is not mandatory but directory; it will be open to the court to exercise its discretion in the facts and circumstances of each case where there is no possibility of parties resuming cohabitation and there are chances of alternative rehabilitation," a bench comprising Justices A K Goel and U U Lalit said.

The apex court said the minimum period of six months can be relaxed by the trial court in certain situations and the estranged couple, who are seeking divorce with mutual consent, can file waiver application after a week of filing the first motion.

The top court also said that in conducting such proceedings, the trial court "can also use the medium of video conferencing and permit genuine representation of the parties through close relations, such as parents or siblings, where the parties are unable to appear in person for any just and valid reason as may satisfy the court, to advance the interest of justice".

The court noted in its verdict that the object of the cooling off period was to safeguard against a "hurried decision" if there was otherwise a possibility of differences being reconciled.

"Though every effort has to be made to save a marriage, if there are no chances of reunion and there are chances of fresh rehabilitation, the court should not be powerless in enabling the parties to have a better option," it said.

"In determining the question whether the provision is mandatory or directory, language alone is not always decisive. The court has to have the regard to the context, the subject matter and the object of the provision," it said.

The bench was dealing with a plea filed by an estranged couple which had sought waiver of the six month period on the ground that they have been living separately for the past eight years and there was no possibility of their re-union.

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News Network
September 12,2024

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The United Nations Relief and Works Agency for Palestine Refugees says six of its employees are among the at least 18 people killed in a recent Israeli aerial assault on a school in the central Gaza Strip.

In a statement released on Thursday, UNRWA said Wednesday’s Israeli airstrikes targeting the UN-run al-Jaouni school in the Nuseirat refugee camp resulted in "the highest death toll among our staff in a single incident” since the occupying regime waged a genocidal war on Gaza more than 11 months ago.

"Among those killed was the manager of the UNRWA shelter and other team members providing assistance to displaced people," it added.

UNRWA also said the al-Jaouni school, home to around 12,000 displaced Palestinians- mainly women and children, has been hit five times since the Israeli aggression began.

“No one is safe in Gaza. No one is spared,” it emphasized. “Schools and other civilian infrastructure must be protected at all times, they are not a target.”

In an X post, UN Secretary General Antonio Guterres said the deaths demonstrated “very dramatic violations of the international humanitarian law and the total absence of an effective protection of civilians.”

Meanwhile, UNRWA chief Philippe Lazzarini said the agency's staff who were killed had been providing support to families sheltering in the al-Jaouni school.

“Humanitarian staff, premises & operations have been blatantly & unabatedly disregarded since the beginning of the war,” he asserted.

Lazzarini further noted that at least 220 UNRWA employees have been killed during the Israeli offensive on Gaza.

The Israeli military claimed that the school had been used by members of the Hamas resistance group to “plan and execute” attacks against the occupation troops.

However, a survivor said the section of the school that was hit by Israel had been “dedicated only to women.”

“All of a sudden there was a huge explosion … Women and children were blown to pieces. We rushed to see our children but found them torn to pieces,” he told Al Jazeera.

Another survivor said she had lost all of her six children in the Israeli attack, adding, “What crime, what wrong did those innocent children do?”

Israel waged its brutal Gaza offensive on October 7, 2023, after Hamas carried out a historic operation against the usurping entity in retaliation for its intensified atrocities against the Palestinian people.

So far, the Tel Aviv regime has killed at least 41,084 Palestinians, mostly women and children, and injured 95,029 others. 

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News Network
September 12,2024

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Prime Minister Narendra Modi's visit to CJI D Y Chandrachud's house for Ganesha puja celebrations has raised doubts in the mind of Shiv Sena (UBT) leader Sanjay Raut, who questioned whether he would deliver 'justice' in the ongoing case the party has in the Supreme Court, given that the PM is the other party in the case.

Speaking to ANI, Raut said "Ganpathi festival is going on, people visit each other's houses. I don't have info regarding how many houses PM visited so far...but PM went to CJI's house and they together performed 'Aarti'."

He said that a custodian of the Constitution meeting politicians could raise doubts in the minds of people.

"In our case, other party is the central govt...Chief Justice should distance himself from this case because his relation with the other party in the case is openly visible," Raut continued.

He also raised questions if the CJI be able to give them justice in the case. "We are getting dates after dates and an illegal govt is going on...Shiv Sena and NCP were broken in such a way...we are not getting justice and PM Modi is taking a lot of interest in the illegal govt of Maharashtra, to save them," the Sena (UBT) leader continued.

Raut alleged that a doubt had been formed in Maharashtra's mind given the 'bond' the PM and the CJI seem to share.

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News Network
September 8,2024

In a shocking development, a doctor, who worked for the mobile medical services of the Isha Foundation in Coimbatore district, has been arrested by the Coimbatore District Police on charges of sexually assaulting many girl students of a government school during a medical camp. 

The incident came to light during a meeting between education officers and the students, held following orders from Chief Secretary N Muruganandam. The meeting was part of a larger investigation after four staff members of a government college in Valparai were recently arrested for sexually harassing students.

The arrested doctor, identified as 33-year-old S Saravanamoorthy, was a native of Tirupattur district and was part of a mobile medical units team, operated by the Isha Foundation of Jaggi Vasudev alias Sadhguru.

These units have reportedly been conducting free medical camps for school students and general public across Coimbatore under their ‘Action for Rural Rejuvenation’ programme. 

During the meeting with the education officers on Wednesday, September 4, around 12 girl students belonging to classes 6 to 10, raised complaints about how they were touched inappropriately by Saravanamoorthy during these camps.

Immediately after this, the school management reached out to the Child Welfare Committee (CWC), who followed an inquiry with the students. Following this, the Perur All Women police were alerted.

The police officials visited the school and inquired with each of the survivors personally. After recording their statements, they registered a case against the doctor under Section 9(e) (whoever being on the management or staff of a hospital, whether government or private, commits sexual assault on a child in that hospital) read with 10 (punishment for aggravated sexual assault) of Pocso Act. The doctor was later arrested and has been remanded to judicial custody. 

The Isha Foundation, meanwhile, has put out a statement stating that they are fully cooperating with the investigation and that they have a zero tolerance policy for crimes against women and children. 

“It has been brought to our notice that a case has been registered against an employee who is a doctor with our outreach mobile medical services in the rural areas of Coimbatore. Isha holds a Zero Tolerance Policy for any crimes against women and children. We are cooperating with the ongoing police investigation and will take necessary actions by the legal,” read the statement.

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