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 19,2024

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At least 20 people have been killed as more communication devices detonated in Lebanon a day after simultaneous explosions of pagers across the country left at least a dozen dead and thousands injured.

Explosions were reported in multiple locations in Lebanon, including at the site of a funeral for a child killed in a pager explosion the previous day.

Media reports said that several blasts occurred simultaneously in Beirut similar to what happened on Tuesday. Several explosions were also reported in southern and eastern Lebanon.

Lebanon’s Health Ministry said at least 20 people were killed and more than 450 injured in the new wave of explosions. 

An informed source said that the detonated devices came from the same batch of cargo as the detonated pagers, all imported from the same company.

The Lebanese Army Command called on the people not to gather in the scenes of security incidents to allow the arrival of medical teams.

Civil defense teams are extinguishing the fires that broke out as a result of the explosions, while ambulance teams continue to transport the injured.

The new act of aggression came as top Hezbollah official Sayyed Hashem Saffieddine was delivering a speech affirming that the Israeli acts of terrorism will have their own punishment, stating that the resistance is steadfast and capable of inflicting more defeats on the enemy.

The Hezbollah official said a speech by the movement’s Secretary-General Sayyed Hassan Nasrallah, planned for Thursday, will clarify matters and that the movement will face a new pattern and a new confrontation with the enemy.

Thousands of pagers widely used by resistance factions and also public service workers exploded on Tuesday, leaving at least a dozen dead and around 3,000 people injured.

The Lebanese government has blamed Israel. Hezbollah has promised the Israeli regime will receive ‘just punishment’ for the attacks.

Taiwanese company Gold Apollo said the pagers used in the Israeli deadly terrorist attack on Tuesday had been made by a Hungarian firm, to which the company had authorized its brand on the devices.

The company made the remarks in a statement on Wednesday, identifying the firm as BAC Consulting KFT based in the Hungarian capital Budapest.

The UN Security Council is due to meet on Friday to discuss the latest blasts that hit Lebanon, council president Slovenia said on Wednesday after Lebanon requested an emergency meeting.

UN Secretary-General Antonio Guterres said Wednesday that civilian objects should not be weaponized.

"I think it's very important that there is an effective control of civilian objects, not to weaponize civilian objects -- that should be a rule that... governments should, be able to implement," Guterres said at a briefing at UN headquarters.

"As important as the event in itself, is the indication that this event confirms that there is a serious risk of a dramatic escalation in Lebanon -- and everything must be done to avoid the escalation," he said.

"What has happened is particularly serious, not only because of the number of victims that it caused, but because of the indications that exist that this was triggered, I would say, in advance of a normal way to trigger these things, because there was a risk of this being discovered."

The Euro-Mediterranean Human Rights Monitor described the detonation of pagers and wireless devices in Lebanon on Tuesday and Wednesday as a blatant violation of international law.

The organization said the attack did not only target Hezbollah members but also indiscriminately exploded devices used by civilians.

The timing of the attack indicates that Israel did not take necessary precautions, as it occurred when device users were at home with their families, leading to numerous severe civilian injuries, including children, it said.

Israel's actions constitute a flagrant violation of international humanitarian law, which prohibits indiscriminate attacks and the targeting of civilians and their property, and mandates that warring parties distinguish between civilians and combatants at all times, the rights monitor said.

The organization called for an urgent and independent international investigation into these attacks and pressure on Israel to immediately stop its crimes and prevent further escalation in the region.

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News Network
September 17,2024

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Mangaluru: In an act of extraordinary selflessness, a young lecturer and mother, Archana Kamath, tragically passed away just days after donating a portion of her liver to a relative. She was 33.

Archana, who had devoted her career to shaping young minds as a lecturer at Canara College and most recently at Manel Srinivasa Nayak MBA College, was a loving mother to a four-year-old boy. Her sudden passing has left her family, students, and colleagues reeling in shock and grief.

The story of her untimely demise began when a relative of her husband, CA Chethan Kumar, required a life-saving liver transplant. 

With no other matching donors in sight, Archana stepped forward, her heart full of compassion. Her blood type matched, and without hesitation, she made the brave decision to donate a part of her liver—an act that would ultimately cost her life.

The surgery, performed 12 days ago in Bengaluru, seemed successful. Archana appeared to recover well and was discharged, bringing hope and relief to her loved ones. 

But just days after returning home, she suddenly fell ill and passed away on September 15 in a Mangaluru hospital. The cause of her sudden decline remains a mystery, compounding the sorrow of those who knew and loved her.

Her final act of love saved a life—the relative who received her liver is said to be recovering well. But Archana’s loss is felt deeply by her husband and their young son, who are now left to navigate a world without her warmth and strength.

As family and friends grapple with this tragic turn of events, Archana’s memory will live on in the hearts of those who knew her as a caring educator, devoted mother, and a woman whose ultimate sacrifice was made out of love.

The full story of her passing is still unfolding, and her untimely death has left an irreplaceable void in the lives of all who knew her.
 

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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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