• Login
  • Home
  • Pakistan
  • International News
  • Business
  • Sports
  • Entertainment
  • Opinion
No Result
View All Result
  • Home
  • Pakistan
  • International News
  • Business
  • Sports
  • Entertainment
  • Opinion
No Result
View All Result
Time of Pakistan
No Result
View All Result
Home International News India

SC relaxes law, okays divorce after 4 months

ToP by ToP
August 27, 2012
in India, International News
0
SC relaxes law

Hindu Marriage Act

0
SHARES
1
VIEWS
Share on FacebookShare on Twitter
SC relaxes law
Hindu Marriage Act

MUMBAI: The Supreme Court ended the agony of a couple who had sought a divorce by mutual consent and were separated for over a year in a marriage that was about a year-and-half old.

The court granted them their plea with two months of the legally laid down six-month cooling-off period yet to go.The judgment, though meant only for the particular couple in court, will provide hope for many others whose parting is mutual, amicable or at least civil with no signs of any marital ties.A bench of Justices Altamas Kabir and J Chelameswar observed, “There appears to be no marital ties between the parties at all.

” It is only the legal provision “which is keeping the formal ties of marriage between the parties subsisting in name only…”, it said and added, “The marriage is subsisting by a tenuous thread on account of the statutory cooling-off period, out of which four months have already expired.

When it has not been possible for the parties to live together and to discharge their marital obligations towards each other for more than one year, we see no reason to continue the agony of the parties for another two months.”The SC held that in a divorce by mutual consent, the court would be justified in using its constitutional powers under Article 142 “for doing complete justice” in certain cases. “In appropriate cases, invocation of such power would not be unjustified and may even prove to be necessary,” the bench said.

The judges made it clear, however, that they did not accept a proposition that in every case of dissolution of marriage under Section 13-B (divorce by mutual consent) of the Hindu Marriage Act the court has to exercise its powers under Article 142 of the Constitution. The article empowers the SC to pass orders in the interest of achieving justice when required.

The case before them, the judges found, was a fit case. The couple from Delhi were married in March 2011. Less than three months later, the husband filed a petition for nullifying the marriage. The couple said they had never lived together since their marriage and not cohabited since June 1, 2011 under one roof and never would. The wife was working in Canada. They agreed to mediation and that led to both deciding to jointly end the marriage. They had to file a fresh petition which they did on April 13 this year before a local court that decided divorce cases. The court fixed the next date six months later in October.

Aghast, they moved the SC seeking a swifter solution. They were already living separately for over a year as was legally required for filing a mutual consent petition they said. Besides four months of the six were also over now, they reasoned. The state opposed the petition, saying doing away with the six-months cooling-off time as requested by the couple “would lead to confusion in the minds of the public and would be against the public interest”. – TOI

Tags: Supreme Court
Previous Post

Daraya massacre an ‘atrocity on a new scale’

Next Post

Bollywood rekindles Valley romance: Yash Chopra returns to Kashmir to shoot film after 25 years

ToP

ToP

Related Posts

indian pm modi
Pakistan

Pakistan Invites Indian PM Narendra Modi to SCO Meeting

by Jameel Ahmad
August 29, 2024
Largest IT Outage
Technology

Largest IT Outage in History Brings Y2K Fears to Reality, Says Web Security Expert

by Jameel Ahmad
July 19, 2024
Ishaq Dar
Pakistan

Ensure the Safety of Students”: Foreign Minister Ishaq Dar’s Directive Amid Bangladesh Protests

by Jameel Ahmad
July 18, 2024
Trump Assassination Attempt
International News

Trump Calls for Unity After Assassination Attempt

by Jameel Ahmad
July 15, 2024
Narendra Modi Government
International News

India shares plunge as polls show Modi’s mandate slipping

by Jameel Ahmad
June 4, 2024
Ebrahim Raisi
International News

Iranian President Ebrahim Raisi Confirmed Dead in Helicopter Crash

by Jameel Ahmad
May 20, 2024
Shehbaz Sharif
Pakistan

Prime Minister Shehbaz Sharif Garners New Investment Promises from Riyadh

by Jameel Ahmad
April 29, 2024
Next Post
Yash Chopra returns to Kashmir to shoot film

Bollywood rekindles Valley romance: Yash Chopra returns to Kashmir to shoot film after 25 years

Popular Stories

    Time of Pakistan

    About Times Of Pakistan

    kralbetbetturkeyikimislibahis1xbetm.infohipas.infohttps://www.wiibet.com/restbetcdn.com

    Other Categories

    • Beautiful Pakistan
    • Fashion News
    • Funny News
    • Viral Videos
    • Weird News

    Recent Posts

    • 11th J.A. Zaman Memorial Open – Powered by Gem Golfers
    • Imran Khan and Bushra Bibi Sentenced to Jail in £190 Million Case
    • World’s Largest Submarine Cable Arrives in Pakistan: Could This End Internet Woes?

    Times Of Pakistan © 2024. Design & Developed by E2E Solution Providers.

    No Result
    View All Result
    • Home
    • Pakistan
    • International News
    • Business
    • Sports
    • Entertainment
    • Opinion

    Welcome Back!

    Login to your account below

    Forgotten Password?

    Retrieve your password

    Please enter your username or email address to reset your password.

    Log In