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

Mangaluru: Mayor Sudheer Shetty Kannur said that as a part of the International Day of Democracy, the Mangaluru City Corporation (MCC) will hold a 23-km long human chain and plant 1000 saplings in the Bengre area on September 15.

The human chain will be formed from Pavanje bridge to the border of Arkula, which will pass through Nanthoor Junction- Kannur Junction. The event is organised with the objective of creating awareness among the public, particularly the youth, about the significance of democracy. Around 10,000 people, particularly students, will participate in forming the human chain in the city limits, he told media persons.

He said Democratic system in India is a model to the world and we should be grateful to Dr B R Ambedkar for giving the country a beautiful constitution. To make the people, particularly the youth, aware of the Constitution and its preamble, the state government has chalked out a plan to form a mega human chain from Bidar to Chamrajnagar. As a part of it, the programme will be held in Mangaluru. Students from various schools, colleges, various organisations, NGOs should actively participate to make the event a grand success.”

The Mayor said as a part of the celebrations, an arch will be built at Pavanje bridge and Kannur Junction. The Zonal office at Surathkal will be decorated with tri colour along with KPC Circle, Nanthoor Junction, Padil Junction. The main programme will be held at Kadri Circle near Circuit House in Mangaluru, which will be attended by DK MP Capt Brijesh Chowta, MLAs D Vedavyasa Kamath, Dr Y Bharath Shetty, DC Mullai Muhilan MP and others. Flags will be placed for every 100 metre of the human chain stretch. The participants can click their photos and upload it through https://democracydaykarnataka.in/ to collect a certificate, added the mayor. 

The human chain will be held from Pavanje to Mukka checkpost, Mukka chepost to Mukka Junction, Mukka Junction to NITK gate, NITK gate to Tadambail Junction, Tadambail Junction to Hotel Suraj, Hotel Suraj to Govinda Dasa College, Govinda Dasa College to Kordabbu Daivasthana, Hosabettu, Kordabbu Daivasthana to Honnakatte Junction, Kulai to APMC, Baikampady, Hotel Vishwasagar to Mangaluru traffic police check post , Mangaluru traffic police check post to Panambur circle, Panambur Circle to NMPA railway track, MCF to Kuloor bridge, Kuloor bridge to Gold Finch ground, Gold Finch ground to Kottara Chowki, Kottara Chowki to BMS Hotel, BMS Hotel to SKS apartment, KPT to Saptagiri petrol bunk, Nanthoor Circle to Kaikamba, Maroli Jodukatte till Padil Circle, Padil to First Neuro Hospital – Kannur Junction, Adyar Katte to Sahyadri College, Sahyadri College to Expert Cross (Valacchil), Express Cross to Arkula border.

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News Network
September 17,2024

atisih.jpg

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 14,2024

Bengaluru: Karnataka Home Minister G Parameshwara on Saturday said the situation in violence-hit Nagamangala town in Mandya district is peaceful now, and steps have been taken to ensure that no untoward incidents take place.

Clashes had broken out between two groups during the Ganesh idol procession in the town, following which mobs went on a rampage with stone pelting and targeting several shops and vehicles leading to tension on Wednesday night.

"Situation in Nagamangala is now peaceful and there is no problem there. I have also instructed officials to hold a peace meeting there. We have instructed officers to ensure that no untoward incidents take place, enough police force is also stationed there," Parameshwara told reporters here.

About 55 people have been arrested in connection with the incident and they have been sent to judicial custody, according to police sources.

Responding to a question on opposition parties including JD(S) leader H D Kumaraswamy raising doubts about the FIR, he said, "The police will do what has to be done in accordance with law..."

Asked about BJP sending a fact finding team to Nagamangala, the Home Minister said, "Let them find the facts and inform us, and if there is any fact from their fact finding, we will look into it. It will make our work a bit easier." The BJP panel consisting of MLA C N Ashwath Narayan, former Minister Byrathi Basavaraj, former Minister K C Narayana Gowda, state secretary Lakshmi Ashwin Gowda, and former IPS officer Bhaskar Rao, will visit the spot and submit a comprehensive report to the party in a week.

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

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