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
April 24,2020

New Delhi, Apr 24: The Central government said on Wednesday that the number of COVID-19 cases in the country is now doubling in every 10 days, adding that had the lockdown not been imposed on time, the number of cases would have sky-rocketed to over one lakh by now.

"Had we not taken the decision to impose nationwide lockdown, we would have had around one lakh COVID-19 cases by now. This is a reasonable estimate," said Niti Aayog member V.K. Paul.

Paul, who is also the Chairman of the government's Empowered Committee- 1, said the "cases are now doubling in every 10 days."

"As on March 21, our doubling time of cases was three days. Results started showing on March 23, due to travel restrictions imposed earlier. On April 6, further slowing of doubling rate became visible, thanks to the nationwide lockdown," he added.

He further added that the decision to impose the lockdown was timely and asserted that the curve has begun to flatten.

"Nationwide lockdown helped take us away from the exponential growth curve and thereby contain the growth of COVID-19 cases," he said.

Paul further added that surveillance has been a great strength in containing the spread of the virus.

"Besides containing the spread, augmenting testing and improving preparedness, the nation has brought about a massive behavioural change through a ‘Jan Andolan' (mass movement)," he said.

Meanwhile, the number of confirmed cases in the country has crossed the 23,000-mark, with 718 deaths. Globally, the number of cases has crossed 2.7 million while the death toll has mounted to 1.9 lakh.

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Agencies
March 6,2020

New Delhi, Mar 6: After Yes Bank was placed under moratorium, digital payments were impacted as PhonePe, which depends on the cash-strapped lender for its transactions, could not operate.

It can be noted that the bank's own net banking facilities have not been operational since last evening. Other fintech operators who rely on Yes Bank to settle their transactions are also down.  “We sincerely regret the long outage. Our partner bank (Yes Bank) was placed under moratorium by RBI. Entire team's been working all night to get services back up asap (as soon as possible),” the app's chief executive Sameer Nigam tweeted early in the morning.

PhonePe, one of the country's largest digital payment platforms, is dependent on Yes Bank to process its transactions.

He added that the app hopes to be live in a “few hours”.

Yes Bank placed under a moratorium Thursday evening, with the RBI capping deposit withdrawals at Rs 50,000 per account for a month and superseding its board.

Yes Bank will not be able to grant or renew any loan or advance, make any investment, incur any liability or agree to disburse any payment.

For the next month, Yes Bank will led by the RBI-appointed administrator Prashant Kumar, an ex-chief financial officer of SBI.

He added that the app - one of the most popular interfaces for UPI transactions - hopes to be live in a “few hours”.

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Agencies
March 16,2020

Amaravati, Mar 16: Andhra Pradesh Chief Minister YS Jagan Mohan Reddy said that paracetamol is the only medication for coronavirus.

He said that COVID-19 is lethal for those have comorbid conditions including blood pressure, asthma and kidney diseases.

"There is no need to get panic about Coronavirus. Its impact is majorly on senior citizens aged above 60 years. It is dangerous to those suffering from diabetes, blood pressure, asthma and kidney diseases. For others, it is not so much dangerous. And paracetamol is the only medication for coronavirus," Reddy said on Sunday while addressing a press conference on the postponing of the local body elections as coronavirus cases continue to rise.

"In case anybody coming from foreign countries is found suffering from cough, cold and fever, bleaching powder should be sprayed on their belongings and things they use. The government is creating awareness on such precautions," he added.

Reddy slammed the State Election Commissioner's decision of postponing the local body elections for six weeks and alleged that the SEC was acting at the behest of TDP chief N Chandrababu Naidu.

The opposition has targeted Reddy on his statement, saying the chief minister is behaving "ignorantly" and "irresponsibly" on the issue of coronavirus.

"While Telangana CM had changed his stand and closed shops and theatres in his state, Jagan Reddy is speaking as if there is no need for any panic. This CM is behaving ignorantly and irresponsibly," said Naidu.

Andhra Pradesh has reported one case of coronavirus. The total number of confirmed COVID-19 cases across India has risen to 110.

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