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 20,2024

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Kasaragod: In a heartbreaking turn of events, the vibrant life of a young medical student from Kasaragod district was tragically cut short in a road accident in Coimbatore, Tamil Nadu, on Wednesday night.

Mohammed Rashid, a 20-year-old second-year MBBS student, hailed from the close-knit community of Kattatadka AKG Nagar in Kerala's Kasaragod district. Brimming with hope and aspirations, he had recently returned to Coimbatore to continue his studies after spending cherished moments with his family during a brief vacation back home.

On that fateful evening, around 8 PM, Rashid was crossing the road to grab dinner at a nearby hotel when tragedy struck. A speeding tipper truck hit him, leaving the young student fatally injured. Though he was rushed to the hospital, his fight for life ended before he could make it to the emergency room.

The devastating news sent shockwaves through his family and friends. His father, Ahmed, who works in the Gulf, returned immediately, heartbroken, to mourn the unimaginable loss of his beloved son. Rasheed's relatives, too, made the painful journey to Coimbatore, overcome with grief and disbelief.

The passing of Mohammed Rashid has left a deep void not only in the hearts of those who knew and loved him but in the wider community. His dreams of healing others and serving society as a doctor were tragically cut short, leaving behind an irreplaceable loss.

May his memory be a reminder of the fragility of life and the promise that he once held.

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News Network
September 13,2024

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In a huge relief for Delhi Chief Minister Arvind Kejriwal ahead of the Haryana elections, the Supreme Court has granted him bail in the Delhi excise policy case. The AAP chief will now be released from jail, six months after his arrest by the Enforcement Directorate on March 21. He was subsequently arrested by the CBI in June.

Here are some of the Supreme Court's key quotes:

•    Perception also matters and CBI must dispel the notion of being a caged parrot and must show it is an uncaged parrot. CBI should be like Caesar's wife, above suspicion. 

•    "No impediment in arresting person already in custody. We have noted that CBI in their application recorded reasons as to why they deemed necessary. There is no violation of Section 41A (3) of Code of Criminal Procedure," said Justice Surya Kant.

•    Justice Ujjal Bhuyan, however, noted, "CBI did not feel the need to arrest him (Mr Kejriwal) even though he was interrogated in March 2023 and it was only after his ED arrest was stayed that CBI became active and sought custody of Mr Kejriwal, and thus felt no need of arrest for over 22 months. Such action by the CBI raises serious question on the timing of the arrest and such an arrest by CBI was only to frustrate the bail granted in ED case."

•    Submission of additional solicitor general cannot be accepted that appellant has to first approach trial court for grant of bail. Process of trial should not end up becoming a punishment. Belated arrest by CBI is not justified.

•    Regarding building a public narrative of a case... Arvind Kejriwal shall not make any public comments about this case and be present for all hearings before trial court unless exempted.

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News Network
September 7,2024

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Indian wrestler Vinesh Phogat on Friday joined the Congress ahead of the upcoming Haryana Assembly polls and will be the candidate from Julana. Along with Phogat, Bajrang Punia also joined the party.

Meanwhile, Former Wrestling Federation of India (WFI) chief and BJP leader Brij Bhushan Sharan Singh took a jibe at the wrestlers saying, "God has punished them for cheating."

"Haryana is the crown of India in the field of sports. And they stopped the wrestling activities for almost 2.5 years. Is it not true that Bajrang went to the Asian Games without trials? I want to ask those who are experts in wrestling. I want to ask Vinesh Phogat whether a player can give trials in 2 weight categories in a day? Can the trials be stopped for 5 hours after the weigh-in?... You did not win the wrestling, you went there by cheating. God has punished you for the same, " Brij Bhushan said, as reported by ANI.

Additionally he also called out Congress leader Bhupinder Hooda.

"I am not guilty of disrespecting daughters. If anyone is guilty of disrespecting daughters, it is Bajrang and Vinesh. And the one who wrote the script, Bhupinder Hooda is responsible for that. If they (BJP) will ask me (to campaign in the Haryana polls), I can go. One day Congress will have to regret it...," he said.

Both Phogat and Punia met Congress President Mallikarjun Kharge at his residence before officially joining the party at an event at headquarters in the presence of General Secretary (Organisation) K C Venugopal.

Vinesh Phogat, who defied several odds to make the final of the women’s freestyle 50 kg event of the Paris Olympics, was disqualified after being overweight by a few grams.

Now, Olympians Phogat and Bajrang Punia, who were at the forefront of the wrestlers' protest against former WFI chief and BJP leader Brij Bhushan Sharan Singh last year, entered the political arena on Friday by joining the Congress with a vow of "not being scared or backing off".

Hours after joining the Congress, Punia was appointed as the working chairman of the All India Kisan Congress. It seems unlikely now that he would be fielded in the polls.

The 90-member Haryana Assembly is scheduled to go to polls on October 5 and the counting of votes will be undertaken on October 8.

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