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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Agencies
January 6,2020

Lucknow, Jan 6: Undeterred by the large scale protests that claimed as many as 20 lives in the state, Uttar Pradesh government has started the process of implementing the controversial Citizenship (Amendment) Act.

According to sources in the government, the district magistrates have been directed to identify the migrants from Pakistan, Bangladesh and Afghanistan, who have been living in their districts.

Sources said that the state home department has given oral instructions to the district magistrates. ''No written orders have been issued,'' said a senior official here preferring anonymity.

The official said that the district magistrates would be preparing a list containing names of those minorities, who had migrated from these countries following their persecution and had been living without obtaining the citizenship of India.

According to sources, the government expected that the migrants, who could be eligible for the Indian citizenship in accordance with the CAA, could be more in number in the districts, including Rampur, Ghaziabad, Shahjahanpur, Lucknow and some others.

''The list will be sent to the union home ministry,'' the official added.

Sources said that the state government will also inform the centre about the ''illegal Muslim migrants'' for their ultimate deportation to their countries of origin.

Different parts of UP had witnessed large scale violence last month during the protests against the CAA. At least 20 people, mostly youngsters, were killed allegedly in police firing and many others were injured. The state government had denied the charge. 

Alleged police excesses during and after the protests triggered a nationwide outrage with several rights organisations and activists slamming the BJP government and demanding a high-level probe into the allegations.

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News Network
February 18,2020

Beijing, Feb 18: Police in China have arrested a prominent activist who had been a fugitive for weeks and criticised President Xi Jinping's handling of the coronavirus epidemic while in hiding, a rights group said Tuesday.

Anti-corruption activist Xu Zhiyong was arrested on Saturday after being on the run since December, according to Amnesty International.

China's ruling Communist Party has severely curtailed civil liberties since Xi took power in 2012, rounding up rights lawyers, labour activists and even Marxist students.

The death this month of a whistleblowing doctor who was reprimanded by police for raising the alarm about the deadly new virus before dying of it himself triggered rare calls for political reform and freedom of speech.

The "Chinese government's battle against the coronavirus has in no way diverted it from its ongoing general campaign to crush all dissenting voices," said Patrick Poon, China researcher at Amnesty International, in an emailed statement.

Another source, who spoke to news agency on the condition of anonymity, said Xu had been arrested in the southern city of Guangzhou.

Guangzhou police did not respond to requests for comment.

Xu went into hiding after authorities broke up a December gathering of intellectuals discussing political reform in the eastern coastal city of Xiamen in Fujian province, prior to the coronavirus crisis.

Over a dozen lawyers and activists were detained or disappeared after the Xiamen gathering, according to rights groups -- and Xu's detention appears linked to his presence at the meeting, explained Poon.

But while on the run, Xu continued to post information on Twitter about rights issues.

On February 4 Xu released an article calling on Xi to step down and criticised his leadership across a range of issues including the US-China trade war, Hong Kong's pro-democracy protests and the coronavirus epidemic, which has now killed nearly 1,900 people.

"Medical supplies are tight, hospitals are filled with patients, and a large number of infected people have no way to be diagnosed," he wrote. "It's a mess."

"The coronavirus outbreak shows just how important values like freedom of expression and transparency are -- the exact values that Xu has long advocated," Yaqiu Wang, China researcher at Human Rights Watch, told news agency.

But the disappearance of Xu illustrates how the Chinese state "persists in its old ways" by "silencing its critics", she said.

Xu -- who founded a movement calling for greater transparency among high-ranking officials -- previously served a four-year prison sentence from 2013 to 2017 for organising an "illegal gathering".

"That he was a fugitive for so many days while continuing to speak out, that in itself was... a kind of challenge to (Chinese authorities)," said Hua Ze, a long-time friend of Xu who told AFP she lost contact with the Chinese activist on Saturday morning.

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Agencies
May 4,2020

New Delhi, May 4: The government has not talked about charging anything from migrant labourers as 85 per cent of the transportation cost is borne by the railways and 15 per cent by state governments, the Centre said on Monday amid a row over the national transporter allegedly charging the workers for ferrying them home during the COVID-19-induced lockdown.

The government also said the process of transporting the stranded migrant labourers was being coordinated by states “except for one or two states”.

Asked if the migrant labourers were being charged for being ferried home, Joint Secretary at the Health Ministry Lav Agarwal said that as far as migrant labourers are concerned, the guidelines have clearly stated that under the infectious disease management one should stay where he or she is.

“Based on the request given from states for particular cases, permission was given to run special trains. Be it government of India or the Railways, we have not talked about charging from workers. Eighty-five per cent of the transportation cost is borne by the Railways, while states have to bear 15 per cent of the cost,” he told reporters.

“Based on the request of the states the process that started, under which limited number of stranded migrant labourers have to be transported for a particular reason, is being coordinated by the state governments, except for one or two states,” Agarwal said.

At the daily briefing on the COVID-19 situation, Agarwal also said that in the last 24 hours, 1,074 COVID-19 patients have recovered, the highest number of recoveries in one day.

The recovery rate stands at 27.52 per cent with 11,706 COVID-19 patients cured till now, he said.

Agarwal said in the last 24 hours, 2,553 novel coronavirus cases were reported, taking the number of overall cases to 42,533. The total number of active cases stands at 29,453, he said.

The joint secretary also said that the COVID-19 curve is relatively flat as of now and it was not right to talk in terms of when the peak would come.

“If we collectively work then the peak might not ever come, while if we fail in any way we might experience a spike in cases,” he said.

Amitabh Kant, Chairman of the Empowered Group dealing with civil society, NGOs, industries and international partners, said in 112 aspirational districts, “we worked with the collectors and in these 112 districts only 610 cases have been reported which is two per cent of the national level infection”.

In these 112 districts, 22 per cent of India's population resides, he said.

In a few districts like Baramulla, Nuh Rachi, Kupwara and Jaisalmer more than 30 cases have been reported, while in the rest of the places very few cases are there, Kant said.

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alert
 - 
Tuesday, 5 May 2020

why is no one talking about privatized railways? why Adani is not offering free travel to laborers?

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