Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Hindu Marriage Act 1955: s.13B(2) - Mutual consent - Cooling period of 6 months - Object of - Held: The object of the cooling of period was to safeguard against a hurried decision if there was otherwise possibility of differences being reconciled |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Disposed Off |
Headnote | Hindu Marriage Act, 1955: s.13B(2) - Mutual consent - Cooling period of 6 months - Object of - Held: The object of the cooling of 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. s.138(2) - Provision mandatory or directory - Whether the minimum period of six months stipulated under s. J 3B(2) of the Act for a motion for passing decree of divorce on the basis of mutual E consent is mandatory or can be relaxed in any exceptional ·situations - Held: Jn determining the question whether 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 - This principle is applicable where the Court dealing with a divorce by mutual consent is satisfied that a case is made out to waive the statutory period uls.J 3B(2) - it can do so after considering that the statutory period of six months specified in s.138(2), in addition to the statutory period of one year u!s.J 3B(J) of separation of parties is already over before the first motion itself; that all efforts for mediation/conciliation to reunite the parties have failed; that the parties have genuinely settled their differences including alimony, custody of child or any other pending issues between the parties; and that the waiting period will only prolong their agony- The waiver application can be filed one week after the first motion giving reasons for the prayer for waiver - I the above conditions are satisfied, the waiver of the waiting period for the second motion will be in the discretion of the concernedCourt - Since the period mentioned in s. 13B(2) is not mandatorybut directory, it will be open to the Court to exercise its discretion in the facts and circumstances of each case - Constitution of India -Art. 142 - Interpretation of statutes - Legislative intent. |
Judge | Hon'ble Mr. Justice Adarsh Kumar Goel |
Neutral Citation | 2017 INSC 896 |
Petitioner | Amardeep Singh |
Respondent | Harveen Kaur |
SCR | [2017] 8 S.C.R. 925 |
Judgement Date | 2017-09-12 |
Case Number | 11158 |
National Digital Library of India (NDLI) is a virtual repository of learning resources which is not just a repository with search/browse facilities but provides a host of services for the learner community. It is sponsored and mentored by Ministry of Education, Government of India, through its National Mission on Education through Information and Communication Technology (NMEICT). Filtered and federated searching is employed to facilitate focused searching so that learners can find the right resource with least effort and in minimum time. NDLI provides user group-specific services such as Examination Preparatory for School and College students and job aspirants. Services for Researchers and general learners are also provided. NDLI is designed to hold content of any language and provides interface support for 10 most widely used Indian languages. It is built to provide support for all academic levels including researchers and life-long learners, all disciplines, all popular forms of access devices and differently-abled learners. It is designed to enable people to learn and prepare from best practices from all over the world and to facilitate researchers to perform inter-linked exploration from multiple sources. It is developed, operated and maintained from Indian Institute of Technology Kharagpur.
Learn more about this project from here.
NDLI is a conglomeration of freely available or institutionally contributed or donated or publisher managed contents. Almost all these contents are hosted and accessed from respective sources. The responsibility for authenticity, relevance, completeness, accuracy, reliability and suitability of these contents rests with the respective organization and NDLI has no responsibility or liability for these. Every effort is made to keep the NDLI portal up and running smoothly unless there are some unavoidable technical issues.
Ministry of Education, through its National Mission on Education through Information and Communication Technology (NMEICT), has sponsored and funded the National Digital Library of India (NDLI) project.
Sl. | Authority | Responsibilities | Communication Details |
---|---|---|---|
1 | Ministry of Education (GoI), Department of Higher Education |
Sanctioning Authority | https://www.education.gov.in/ict-initiatives |
2 | Indian Institute of Technology Kharagpur | Host Institute of the Project: The host institute of the project is responsible for providing infrastructure support and hosting the project | https://www.iitkgp.ac.in |
3 | National Digital Library of India Office, Indian Institute of Technology Kharagpur | The administrative and infrastructural headquarters of the project | Dr. B. Sutradhar bsutra@ndl.gov.in |
4 | Project PI / Joint PI | Principal Investigator and Joint Principal Investigators of the project |
Dr. B. Sutradhar bsutra@ndl.gov.in Prof. Saswat Chakrabarti will be added soon |
5 | Website/Portal (Helpdesk) | Queries regarding NDLI and its services | support@ndl.gov.in |
6 | Contents and Copyright Issues | Queries related to content curation and copyright issues | content@ndl.gov.in |
7 | National Digital Library of India Club (NDLI Club) | Queries related to NDLI Club formation, support, user awareness program, seminar/symposium, collaboration, social media, promotion, and outreach | clubsupport@ndl.gov.in |
8 | Digital Preservation Centre (DPC) | Assistance with digitizing and archiving copyright-free printed books | dpc@ndl.gov.in |
9 | IDR Setup or Support | Queries related to establishment and support of Institutional Digital Repository (IDR) and IDR workshops | idr@ndl.gov.in |