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
June 23,2020

New Delhi, Jun 23: The meeting between Indian Army's 14 Corps Commander Lt Gen Harinder Singh and his Chinese counterpart got over after around 11 hours, sources said.

"Today's meeting between the Corps Commander-level officers of India and China is over. The meeting which started at 11:30 am went on for around 11 hours. More details awaited," sources said.

The meeting started at around 11:30 am at Moldo on the Chinese side of Line of Actual Control (LAC) opposite Chushul to defuse the tensions in Eastern Ladakh sector due to Chinese military build-up, the sources said.

This is the second meeting between the two corps commanders. They had met on June 6 and had agreed to disengage at multiple locations. India had asked the Chinese side to go back to pre-May 4 military positions along the LAC.

The Chinese side had not given any response to the Indian proposal and not even shown intent on the ground to withdraw troops from rear positions where they have amassed over 10,000 troops.

India is also likely to discuss the change in rules of engagement on the LAC where the forces have been empowered to use firearms in extraordinary circumstances, sources had said.

They said India will also ask China to honour the commitment given during June 6 talks to disengage in the Galwan valley completely and other places.

The build-up of Chinese air assets including strategic bombers by the PLA Air Force in fields near Indian territory close to Ladakh is also likely to figure in discussions.

India and China have been involved in talks to ease the ongoing border tensions since last month.

However, last week as many as 20 Indian soldiers lost their lives in the face-off in the Galwan Valley after an attempt by the Chinese troops to unilaterally change the status quo during the de-escalation in eastern Ladakh.

The Indian intercepts have revealed that the Chinese side suffered 43 casualties including dead and seriously injured in the violent clash.

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Agencies
August 5,2020

Ayodhya, Aug 5: Every street in Ayodhya was seen illuminated with earthen lamps ahead of the foundation stone laying ceremony of the Ram Temple on Wednesday.

People also lit diyas on the banks of Saryu river as part of the 'deepotsava' celebrations in the temple town which will see Prime Minister Narendra Modi and other dignitaries arrive today for the 'bhoomi pujan' ceremony of the Ram Temple.

The entire Ayodhya has been decked up and massive preparations have been made for this occasion with a festive air.

Earlier chief minister Yogi Adityanath had said that 11,000 diyas will be lit at Ram Ki Paidi on the banks of the Saryu river and that all houses and temples in Ayodhya will be celebrating with a 'deepotsava' (festival of lights) on the nights of August 4 and 5.

Adityanath burst firecrackers and lit earthen lamps at his official residence on in Lucknow as part of 'deepotsava'.

The construction work of Ram temple will begin after the foundation stone laying ceremony, in which dignitaries from various political and religious fields have been invited to participate.
Apart from Ayodhya other cities in like Kanpur were also illuminated to celebrate the grand event. Vishva Hindu Parishad (VHP) workers light earthen lamps in the city, as part of 'deepotsava'.

Chief Minister's residence in Uttarakhand will be decorated with 5100 diyas filled with Ghee on Wednesday evening to celebrate the occasion of the 'bhoomi pujan' of the Ram Temple in Ayodhya today by Prime Minister Narendra Modi.

Uttrakhand Chief Minister Trivendra Singh Rawat has said that Lord Ram Temple being built in Ayodhya is associated with "our belief". He also appealed to people in the state to light diyas at their homes on the occasion.

Earthen lamps were lit at Ujjain's Mahakaleshwar Temple in Madhya Pradesh and in Punjab too people lit lamps as part of 'deepotsava'.

Prime Minister Narendra Modi will perform 'pooja' at Hanumangarhi and Shree Ramlala Virajman before performing 'bhoomi pujan' of the Ram Temple in Ayodhya on Wednesday, informed Prime Minister's Office (PMO) on Tuesday.

He will unveil a plaque to mark the laying of the foundation stone and also release Commemorative Postage Stamp on 'Shree Ram Janmabhoomi Mandir'.

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News Network
August 7,2020

Kozhikode: An Air India Express flight from Dubai with 190 people on board overshot the Kozhikode tabletop runway on landing there today. The Boeing 737 “fell off” the runway into the valley, broke into two causing death and devastation. 

According to reports, around 20 people were dead including two pilots.

An Air India spokesperson said: “Air India Express flight IX 1344 operated by Boeing 737 aircraft from Dubai to Calicut overshot the runway at Kozhikode at 7.41 pm Friday. No fire reported at the time of landing. There are 174 passengers, 10 infants, two pilots and five cabin crew on board. Rescue operations are on and passengers are being taken to hospital for medical care. We will soon share the update in this regard.”

The Directorate General of Civil Aviation (DGCA) is probing this accident. “Prima facie, the aircraft landed beyond the touchdown point and fell into a valley. It has broken into two. We suspect some casualties. More information is awaited,” said a senior DGCA official.

Taking to twitter, defence minister Rajnath Singh wrote: “Devastating news from Kozhikode, Kerala. I am deeply anguished by the loss of lives due to an accident carrying several passengers on Air India flight. In this hour of grief, my thoughts are with the bereaved families. I pray for the speedy recovery of the injured.”

Foreign minister S Jaishankar tweeted: “Deeply distressed to hear about the Air India Express tragedy at Kozhikode. Prayers are with the bereaved families and those injured. We are ascertaining further details.”

While, senior BJP leader from Kerala K J Alphons tweeted: “Second tragedy of the day in Kerala: Air India Express skids off the run way at Kozhikode, front portion splits , pilot dies and lots of passengers injured . All passengers evacuated. Very lucky the aircraft didn’t catch fire.”

More details are awaited.

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