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6-month “cooling off” period for divorce under Hindu Marriage Act can be waived: SC

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6-month “cooling off” period for divorce under Hindu Marriage Act can be waived: SC

[vc_row][vc_column][vc_column_text]Apex court says legal proceedings for divorce by mutual consent should be completed within a week

The objective of including a six-month “cooling off” period in a mutual consent  divorce, introduced in the Hindu Marriage Act, 1955, was to enable the couple to reflect on their decision and see if they had taken it hastily and if there still remained a possibility of reconciliation.

The Supreme Court on Tuesday (September 12) observed that this was not necessary any more for consenting couples who have gone beyond the point of reconciliation and that the entire process in these cases should be completed in a week. This judgement emanated from a plea by a couple living separately for eight years and who wanted this cooling off period to be waived for the benefit of the children and so the two can resettle.

The Supreme Court bench of Justices AK Goel and UU Lalit observed that this cooling off period was introduced with a noble purpose in mind, but it could not be made mandatory. When all efforts at mediation have failed and when both parties have already lived separately for at least a year, divorce should be granted quickly to allow the parties time to resettle and start afresh, say reports.

This statutory separation and the six-month waiting period are applicable for Hindu couples, as per the act’s Section 13B(2) if both parties do not change their pleas for divorce in a time period not less than six months and not later than 18 months, then the court shall pass a decree declaring the marriage to be dissolved. The period of six to 18 months provided in section 13B is an interregnum to give time and opportunity for the couple to reflect on their move.

The bench observed: “The object of the provision is to enable the parties to dissolve a marriage by consent if the marriage has irretrievably broken down and to enable them to rehabilitate them as per available options. The amendment was inspired by the thought that forcible perpetuation of status of matrimony between unwilling partners did not serve any purpose. The object of the cooling off period was to safeguard against a hurried decision if there was otherwise possibility of differences being reconciled.”

“The object was not to perpetuate a purposeless marriage or to prolong the agony of the parties when there was no chance of reconciliation. 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,” the bench said.

The bench, after studying the said section, came to the conclusion that the period mentioned was not mandatory but directory in nature.

-India Legal Bureau

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IRCTC hit by major outage during Tatkal booking hours, leaving users frustrated

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Tatkal tickets

A major technical issue disrupted the IRCTC website and mobile application today, preventing thousands of users from successfully booking their Tatkal (emergency) tickets. This outage, which occurred precisely at 10 a.m., left many users frustrated as they faced difficulties while trying to book tickets for their urgent travel needs.

The glitch was widespread, affecting both the official IRCTC website and the mobile app. When users attempted to access the platform, they were met with an error message reading, “unable to perform action due to maintenance activity.” This unexpected technical failure came as the Tatkal booking window opened, a period when millions of users rushed to secure tickets for their travel.

This is the second time in the month that the IRCTC app has faced significant downtime, triggering a wave of complaints across social media platforms. Many users took to Twitter (now X), voicing their frustration over the repeated technical failures, particularly during the highly sought-after Tatkal booking period.

Frustration continued to mount as many users expressed disbelief that the IRCTC system, which caters to millions of passengers daily, was unable to handle peak booking hours effectively. Others pointed out the recurring nature of the problem, with one user calling for immediate action from the Ministry of Railways, tagging Union Minister Ashwini Vaishnaw and the Rail Ministry’s official Twitter account. 

Despite the ongoing backlash, there has been no official response from IRCTC or the Ministry of Railways at the time of publication. The IRCTC website and app are widely used by millions of railway passengers across India, particularly for the crucial Tatkal ticket booking window, which opens at 10 a.m. daily.

The frequent glitches on the platform have raised concerns about the adequacy of the infrastructure supporting this vital service. Passengers, many of whom rely on the timely availability of Tatkal tickets, are calling for a more reliable system to prevent such outages in the future.

With the ongoing festive season and increased travel demand, users are hoping that the authorities will address these technical issues and provide a seamless booking experience moving forward.

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Anna University sexual assault case: BJP shares accused photo with Udhayanidhi Stalin, DMK responds

DMK spokesperson A Saravanan said that no matter who did the wrong, the Tamil Nadu police will take action. He claimed that those who cannot shake the DMK politically continue to spread false allegations that law and order have deteriorated.

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Anna University sexual assault case: BJP shares accused photo with Udhayanidhi Stalin, DMK responds

The BJP on Thursday alleged that the accused arrested for the alleged sexual assault of a 19-year-old Anna University student in Chennai is a repeat offender and a DMK functionary.

37-year-old Gnanasekaran of Kottur, who ran a biryani stall near the Anna University campus, was arrested by the Tamil Nadu Police. Reportedly, the accused entered the university campus, thrashed the second-year engineering student’s male friend, and then dragged her into a bush before sexually assaulting her.

This incident taking place inside the campus of a renowned university has sparked a debate, protest, and a political tussle over the safety of women in the state. Taking to X, BJP state president K Annamalai shared a picture of deputy chief minister Udhayanidhi Stalin and other DMK leaders with the alleged accused. He claimed that a clear pattern emerges from the number of such cases in the past, noting that a criminal gets closely linked to local DMK functionaries and then becomes a member of the party.

He further said that all the cases registered against the accused get suppressed, and he gets leeway by not being categorised as a history-sheeter or kept on the watchlist of the local police station.

K Annamalai also alleged that police do not investigate the existing cases against him due to the pressure from the local DMK leaders and ministers, which allows him to commit further crimes. He further questioned how long should the people of Tamil Nadu put up to this, and will MK Stalin ever take responsibility.

Reacting to the allegation, DMK spokesperson A Saravanan told a news publication that a picture with the party leader does not imply culpability of the party. He added that the accused has been arrested, and he cannot escape justice from the DMK government.

Later, in a social media post, Saravanan said that no matter who did the wrong, the Tamil Nadu police will take action. He claimed that those who cannot shake the DMK politically continue to spread false allegations that law and order have deteriorated.

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Man attempting to cross India-Pakistan border in Rajasthan shot dead by BSF personnel

“We are investigating the case under these acts,” he added.

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Border Security Force (BSF) personnel shot and killed an individual attempting to cross the India-Pakistan border in the Ganganagar district of Rajasthan late on Tuesday, according to police.

Jitendra Kumar, the station house officer at Kesrisinghpur police station, stated that the man was trying to breach the barbed wire fence when he was spotted by BSF personnel. “They advised him to leave the area, but when he continued to advance, the BSF personnel shot him,” said the SHO.

Sriganganagar Superintendent of Police Gaurav Yadav confirmed that the suspect was allegedly trying to enter Indian territory around midnight on December 24, 2024. Despite warnings from the BSF soldiers, he did not heed their calls, which resulted in the shooting.

The incident occurred near a village in the Kesarisinghpur area. Items recovered from the intruder included Pakistani currency notes, a cigarette packet, an identity card, and other belongings. Authorities are currently gathering more information about him.

Ongoing discussions are taking place between the armed forces and police officers regarding the incident. An FIR has been filed that includes charges of trespassing and violations of the Passports Act and the Foreigners Act, according to Kumar. “We are investigating the case under these acts,” he added.

This incident is one of several similar occurrences along the border. In August, the BSF apprehended an intruder named Jagsi Kohli, who had entered about 15 kilometers into Indian territory in Barmer after locals alerted authorities that he was asking for directions to Tharparkar, a district in Pakistan’s Sindh province.

In March of this year, another person attempting to cross the border in Ganganagar was shot by BSF personnel. There have been additional incidents reported in October 2022 and twice in March 2021, all resulting in fatalities among the intruders.

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