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 17,2024

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New Delhi, Sept 17: Atishi will be the new Chief Minister of Delhi. The decision came after a legislative party meeting was chaired by Arvind Kejriwal at his Delhi residence earlier today.

Kejriwal is expected to tender his resignation later today, and will also meet Lieutenant Governor VK Saxena at 4.30 pm.

On September 13, Arvind Kejriwal was released from Tihar Jail, where he had been lodged for his alleged involvement in the Delhi liquor policy case. Nearly two days after his release, on Sunday, Kejriwal said he would resign as the Chief Minister within 48 hours.

He also sought early polls in Delhi, and vowed not to sit in the chief minister’s chair until people gave him a “certificate of honesty”.

On Monday, the AAP held a series of meetings as Kejriwal sought feedback from members of the political affairs committee, the party’s highest decision-making body, on his successor in one-on-one meetings at his official residence.

Names of Delhi ministers Atishi, Gopal Rai, Kailash Gahlot and Saurabh Bharadwaj were making the rounds as contenders, news agency PTI had quoted party insiders as saying and added that Kejriwal’s wife Sunita Kejriwal and Assembly Speaker Ram Niwas Goel were also the probables.

Mangolpuri MLA Rakhi Birla, who is also the deputy speaker in the assembly, and Kondli legislator Kuldeep Kumar were also potential candidates, they added.

Earlier, sources with the AAP had told PTI that the surprise candidate could also be a member of the minority community as the party has witnessed its support among the community wavering since the 2020 Delhi riots.

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News Network
September 9,2024

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Mangaluru: The Unicode Consortium has announced the inclusion of Tulu script in its latest version, Unicode 16. This update adds 80 characters to the Unicode Standard, marking a significant milestone for the Tulu-speaking community.

According to officials, the journey to this achievement began in 2001 when a member of the Unicode Consortium helped fix the Kannada script in Unicode and simultaneously advocated for the inclusion of Tulu.

Despite initial misunderstandings with the Tulu Academy in Mangaluru, the groundwork was laid for future developments. Initially, three Tulu experts had worked on the subject, including S A Krishnaiah, a Tulu scholar.

"In 2014, efforts to create a Tulu Wikipedia gained momentum, leading to its launch on August 6, 2016. By 2017, the Tulu Academy recognised the need for Tulu Unicode, forming a committee to finalise the characters with technical guidance. Concurrently, another proposal for the Tilari script was submitted," Krishnaiah said.

After extensive correspondence, the script was officially added to Unicode under the name Tulu-Tigalari. While there are minor differences between the Tulu Academy's list and the finalised Unicode version, most characters have been included. Notably, Tulu digits and some diacritic marks necessary for writing Sanskrit in Tulu script were added, he said.

According to him, the inclusion of the Tulu script in Unicode will have a significant positive impact on digital communication for Tulu speakers, including enhanced digital presence. Tulu speakers can now use their native script across various digital platforms, including social media, websites, and messaging apps, fostering a stronger online presence.

The availability of Tulu in Unicode will facilitate the creation of educational materials, such as textbooks and online courses, in the Tulu script, supporting language learning and literacy, he said.

The development of Unicode-encoded fonts, keyboard software, and converters will streamline the use of Tulu in digital communication, making it easier for users to type and share information in their native script, he said.

Being part of the Unicode Standard gives Tulu global recognition, encouraging more software and application developers to support the script, thereby increasing its usability and visibility, the Tulu scholar said.

Overall, this will empower Tulu speakers to communicate more effectively and confidently in their language, both locally and globally.

It is estimated that over 1.8 million people worldwide speak Tulu. Most Tulu speakers live in the coastal areas of Karnataka and Kerala, India, in regions known as Tulu Nadu. There are also Tulu speakers in the Gulf countries and the United States, he said.

Tulu is a Dravidian language and is related to Kannada, the official language of Karnataka. Tulu has a rich oral tradition, but there isn't much written in the language. Tulu's script is similar to Malayalam and originated from the Grantha script.

A long-drawn fight is ongoing to include Tulu in the Eighth Schedule of the Constitution. The Dravidian University at Kuppam in Andhra Pradesh has a special Tulu chair, he added.

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News Network
September 17,2024

Kalaburagi: Karnataka Home Minister G Parameshwara on Tuesday said that alleged role of "outsiders" belonging to the banned Popular Front of India (PFI) in the violence at Nagamangala will be examined and action taken based on the probe report.

Clashes broke out between two groups during a Ganesh idol procession in the town in Mandya district following which mobs went on a rampage targeting several shops and vehicles leading to tension on September 11 night.

"Everything will be examined, investigation will be done, on getting the report we will decide. We will not protect anyone, and unnecessarily no one will be punished. We will look into the facts based on the inquiry report and take action accordingly," Parameshwara told reporters here.

He noted that two officials -- Deputy Superintendent of Police and Inspector -- have already been suspended, and added that further action will be taken based on the report.

The Minister said the government has taken the Nagamangala violence seriously and there is no question of taking such incidents lightly. "BJP makes such allegations, but we too have responsibility, we don't take anything lightly."

On allegations that "outsiders" were involved in the violence, Parameshwara said if inquiry reveals complicity of such elements, it would be examined and action taken accordingly.

Regarding claims that those belonging to the banned PFI were involved, he said: "It will be known from the probe."

On demand for a National Investigation Agency (NIA) probe into Nagamangala violence by BJP which alleged "failure" of state's home department, Parameshwara said: "they keep saying such things, we will not listen to all that."

According to police, an argument had broken out between two groups, when the procession by devotees from Badri Koppalu village reached a place of worship on September 11, and some miscreants hurled stones, which escalated the situation.

Following the clashes between the two groups, a few shops were vandalised and goods torched and vehicles set on fire, they added.

To allegations from some BJP leaders that the party MLA Munirathna was arrested "hurriedly", Parameshwara said, police acted after the complaint was given, "what's wrong in that?"

Munirathna, who represents Rajarajeshwari Nagar Assembly segment here, was picked up from Nangli village in Kolar’s Mulbagal on Saturday evening on charges of harassing a Bruhat Bengaluru Mahanagara Palike (BBMP) contractor for bribe, casteist slurs on a former corporator, and also cheating, criminal intimidation and insulting a woman’s modesty.

Asked about "illegal items" seized from the prison here recently by officials, he said an investigation has begun on this.

When a photo of actor Darshan Thoogudeepa, who was lodged in Parappana Agrahara Prison here, hanging out with other inmates surfaced recently, action was taken based on the probe report and eleven officials were suspended.

"I will look into recent seizures made too and action will be taken; also probe is on at other prisons in the state and action will follow if anything wrong is found," the Minister added.

Police raided the high-security wing of Parappana Agrahara Central Prison here on Saturday and seized smartphones and other illegal goods.

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