Tag: marriage laws

  • SC says it could possibly dissolve marriage on grounds of ‘irretrievable breakdown’

    Through On-line Table

    NEW DELHI: India’s best court docket on Monday held that it could possibly dissolve a wedding at the flooring of “irretrievable breakdown.”

    A five-judge Charter bench headed through Justice S Okay Kaul stated the apex court docket is empowered underneath Article 142 of the Charter to do whole justice.

    Article 142 of the Charter offers with the enforcement of decrees and orders of the apex court docket to do “whole justice” in any subject pending earlier than it.

    “We’ve held that it’s imaginable for this court docket to dissolve the wedding at the flooring of irretrievable breakdown of marriage,” the bench, additionally comprising justices Sanjiv Khanna, A S Oka, Vikram Nath and J Okay Maheshwari, stated.

    The SC bench additional held that the six-month necessary ready length for circumstances of divorce through mutual consent can also be discarded relying on prerequisites enacted in earlier judgements.

    The apex court docket delivered the decision on a batch of petitions in terms of the workout of its huge powers underneath Article 142 of the Charter to dissolve broken-down marriages between consenting {couples} with out referring them to circle of relatives courts for protracted judicial court cases to get the decree of separation.

    (With inputs from PTI)

    NEW DELHI: India’s best court docket on Monday held that it could possibly dissolve a wedding at the flooring of “irretrievable breakdown.”

    A five-judge Charter bench headed through Justice S Okay Kaul stated the apex court docket is empowered underneath Article 142 of the Charter to do whole justice.

    Article 142 of the Charter offers with the enforcement of decrees and orders of the apex court docket to do “whole justice” in any subject pending earlier than it.googletag.cmd.push(serve as() googletag.show(‘div-gpt-ad-8052921-2’); );

    “We’ve held that it’s imaginable for this court docket to dissolve the wedding at the flooring of irretrievable breakdown of marriage,” the bench, additionally comprising justices Sanjiv Khanna, A S Oka, Vikram Nath and J Okay Maheshwari, stated.

    The SC bench additional held that the six-month necessary ready length for circumstances of divorce through mutual consent can also be discarded relying on prerequisites enacted in earlier judgements.

    The apex court docket delivered the decision on a batch of petitions in terms of the workout of its huge powers underneath Article 142 of the Charter to dissolve broken-down marriages between consenting {couples} with out referring them to circle of relatives courts for protracted judicial court cases to get the decree of separation.

    (With inputs from PTI)

  • Maha government panel set as much as acquire knowledge on inter-faith {couples}, Opposition slams ‘retrograde’ transfer

    Via On-line Table

    MUMBAI: In a hectic building, the Maharashtra authorities has arrange a committee to assemble data on inter-faith and inter-caste marriage {couples} and the maternal households of the ladies concerned if they’re estranged. The panel can have 13 participants from authorities and non-government fields to review insurance policies referring to similar welfare schemes and rules.

    The opposition Nationalist Congress Birthday party (NCP) has condemned the “retrograde” step, pointing out that the Eknath Shinde authorities had no appropriate to secret agent at the non-public lives of other folks. Senior NCP chief and previous state minister Jitendra Awhad tweeted, “What is this garbage of committee to test inter-caste/faith marriages? Who’s government to secret agent on who marries whom? In liberal Maharashtra this a retrograde, nauseating step. Which method is innovative Maharashtra heading against. Avoid other folks’s personal existence.”

    A Govt Answer (GR) issued on Tuesday by means of the state’s Ladies and Kid Construction Division stated the “Intercaste/Interfaith marriage-family coordination committee (state point)” can be headed by means of Lodha.

    They’re going to hang common conferences with district officers and acquire data on registered and unregistered inter-faith and inter-caste marriages together with elopement, it stated.

    The committee will track district-level tasks for girls all in favour of such marriages who is also estranged from their households, in order that help may also be equipped if vital, it stated. Ladies and their households too can use the platform to avail of counselling and get to the bottom of problems.

    ALSO READ | Anti-conversion regulation: MP government to transport SC towards period in-between aid from motion given to interfaith {couples}

    State minister Mangal Prabhat Lodha who’s heading the committee head claimed it used to be “an try to make sure that the Shraddha Walkar case does no longer occur once more.”

    “The truth that Walkar’s kin used to be no longer mindful that she had died six months in the past is frightening… the committee is being arrange to verify ladies in such marriages aren’t clear of their households,” he stated.

    Walkar used to be murdered allegedly by means of her spouse Aaftab Poonawala in Delhi in Would possibly this yr who had strangled and reduce her frame into 35 items which he saved in a 300-litre refrigerator for just about 3 weeks at his place of abode in Mehrauli, sooner than dumping them around the town over a number of days.

    READ HERE | Anti-conversion rules, tedious Particular Marriage Act harm interfaith unions

    Maharashtra Deputy Leader Minister Devendra Fadnavis had lately stated that his authorities would learn about rules on freedom of faith enacted by means of different states, however had no longer but made up our minds on introducing a identical regulation within the western state.

    “Love jihad”, utilized by right-wing activists, alleges a ‘ploy’ by means of Muslim males to trap Hindu ladies into conversion via marriage.

    (With PTI inputs)

    MUMBAI: In a hectic building, the Maharashtra authorities has arrange a committee to assemble data on inter-faith and inter-caste marriage {couples} and the maternal households of the ladies concerned if they’re estranged. The panel can have 13 participants from authorities and non-government fields to review insurance policies referring to similar welfare schemes and rules.

    The opposition Nationalist Congress Birthday party (NCP) has condemned the “retrograde” step, pointing out that the Eknath Shinde authorities had no appropriate to secret agent at the non-public lives of other folks. Senior NCP chief and previous state minister Jitendra Awhad tweeted, “What is this garbage of committee to test inter-caste/faith marriages? Who’s government to secret agent on who marries whom? In liberal Maharashtra this a retrograde, nauseating step. Which method is innovative Maharashtra heading against. Avoid other folks’s personal existence.”

    A Govt Answer (GR) issued on Tuesday by means of the state’s Ladies and Kid Construction Division stated the “Intercaste/Interfaith marriage-family coordination committee (state point)” can be headed by means of Lodha.

    They’re going to hang common conferences with district officers and acquire data on registered and unregistered inter-faith and inter-caste marriages together with elopement, it stated.

    The committee will track district-level tasks for girls all in favour of such marriages who is also estranged from their households, in order that help may also be equipped if vital, it stated. Ladies and their households too can use the platform to avail of counselling and get to the bottom of problems.

    ALSO READ | Anti-conversion regulation: MP government to transport SC towards period in-between aid from motion given to interfaith {couples}

    State minister Mangal Prabhat Lodha who’s heading the committee head claimed it used to be “an try to make sure that the Shraddha Walkar case does no longer occur once more.”

    “The truth that Walkar’s kin used to be no longer mindful that she had died six months in the past is frightening… the committee is being arrange to verify ladies in such marriages aren’t clear of their households,” he stated.

    Walkar used to be murdered allegedly by means of her spouse Aaftab Poonawala in Delhi in Would possibly this yr who had strangled and reduce her frame into 35 items which he saved in a 300-litre refrigerator for just about 3 weeks at his place of abode in Mehrauli, sooner than dumping them around the town over a number of days.

    READ HERE | Anti-conversion rules, tedious Particular Marriage Act harm interfaith unions

    Maharashtra Deputy Leader Minister Devendra Fadnavis had lately stated that his authorities would learn about rules on freedom of faith enacted by means of different states, however had no longer but made up our minds on introducing a identical regulation within the western state.

    “Love jihad”, utilized by right-wing activists, alleges a ‘ploy’ by means of Muslim males to trap Hindu ladies into conversion via marriage.

    (With PTI inputs)