Page 4 - Marriage

State planning to ban polygamy immediately, to bring bill soon: Assam CM

The bill is likely to be tabled in the Assam Assembly in the monsoon session, CM Himanta Biswa Sarma said on Thursday

Nepal's Supreme Court issues order to govt to register same-sex marriage

Nepal's Supreme Court on Wednesday issued an interim order to the government to temporarily register same-sex marriage, a notice by the apex court said. A single bench of Justice Til Prasad Shrestha issued the order to the government to make necessary arrangements for registering the marriage of sexual and gender minority couples if they demand so, the directive said. Seven people, including activist Pinky Gurung on behalf of Blue Diamond Society (BDS), an LGBTI rights organisation, filed a writ to the Prime Minister and the Office of the Council of Ministers to legalise same-sex marriage. In the order, the apex court has also asked the opponents to furnish a written reply on the issue within 15 days. The petitioners said that they filed the writ as the Nepalese law has obstructed same-sex marriage despite a Supreme Court decision, which allowed such marriages 15 years ago. Citing that Clause 69 (1) of the National Civil Code 2017 mentions that each individual citizen has the free

What will happen to tribal culture if UCC is implemented? asks Bhagel

Chhattisgarh Chief Minister Bhupesh Baghel on Tuesday reacted sharply to Prime Minister Narendra Modi's support for enactment of a Uniform Civil Code (UCC) and asked what will happen to culture and traditions of tribals if such a law is implemented. Modi, addressing a gathering of BJP workers in Bhopal in adjoining Madhya Pradesh, made a strong pitch for implementation of the UCC and said the Constitution also mentions about giving equal rights to all citizens. Asked about PM's remarks, Baghel said, Why do you (BJP) always think from Hindu-Muslim point of view? In Chhattisgarh, we have tribal people. What will happen to their beliefs and orthodox rules through which they govern their society? If the UCC is implemented then what will happen to their tradition?" The Congress leader said there are also several other caste groups which have their own rules. Our nation is like a beautiful bouquet with people believing in different religions, speaking different languages, following ...

Law Commission seeks information from govt on age of consent: Report

The 22nd Law Commission, which is looking into the issue of age of consent, held a meeting with officials of the Women and Child Development Ministry recently and sought details on the subject, sources said on Friday. Over the years, the Protection of Children from Sexual Offences (POCSO) Act, which defines a child as a person aged below 18, has often come in conflict with the role of consent in determining the nature of relationships between adolescents. Sources said the Law Commission held a meeting with the government and sought some information on the matter of age of consent. "We are dealing with the subject...we had a meeting with them to provide some information," a government functionary said. Last year, the Delhi High Court had said that the intention behind the POCSO Act was to protect children from sexual exploitation and that it was never meant to criminalise consensual romantic relationships between young adults. The court made the observation while granting bail to a

Live-in couples can't claim divorce thereon, rules Kerala High Court

The Kerala High Court has said that when two parties decide to live together by virtue of a mere agreement, and not in accordance with any personal law or the Special Marriage Act

China records its lowest number of marriages amid demographic crisis

China last year recorded its lowest number of marriages since public records became available, furthering a nearly decade-long decline in matrimony

Mass marriages strengthen feeling of social harmony: Rajasthan CM Gehlot

Rajasthan Chief Minister Ashok Gehlot on Friday said organising mass marriages strengthens the feeling of social harmony. A mass marriage of 2,222 couples, including 2,111 from the Hindu community and 111 from the Muslim community, was organised by Shri Mahavir Gaushala Kalyan Sansthan on Friday in Baran district. Gehlot said the state government is encouraging mass marriages through its many programmes and policies. Schemes like Chief Minister Group Marriage Grant Scheme, Chief Minister Kanyadan Scheme and Chief Minister Inter-caste Marriage Promotion Scheme are being run in the state, he added. On the occasion, Gehlot also inspected an inflation relief camp in Baran. He handed over Chief Minister's Guarantee Cards of various schemes to the beneficiaries. Rajasthan Assembly Speaker C P Joshi said organising mass marriages was an important social work.

Where is corporate India in the marriage equality debate?

Even international companies in the country have not commented on the issue

Maha govt to hike aid for couples in mass marriages to Rs 25,000: CM Shinde

Maharashtra Chief Minister Eknath Shinde on Saturday said the financial assistance provided to couples in mass marriages will be increased from Rs 10,000 to Rs 25,000. Shinde was speaking at a mass marriage event in Palghar district, where at least 325 couples tied the knot in his presence. Addressing the gathering, the chief minister said mass marriages were the need of the hour, as people cannot afford big weddings. The government will hike the financial assistance provided to eligible couples during mass marriages to Rs 25,000 from the present Rs 10,000 and directives will be given to the concerned officials regarding the same, he said. Speaking about developmental projects in the district, Shinde said a 150-bed ESIS Hospital is coming up in the region, which will cater to the working class. The Mumbai Metropolitan Regional Development Authority (MMRDA) will carry out various projects to develop Palghar, he said.

Expert panel formed by Assam govt to examine legality to ban polygamy

The Assam government has constituted a four-member expert committee to examine the legislative competence of the state legislature to enact a law to end polygamy, Chief Minister Himanta Biswa Sarma said. The panel, headed by Justice (Retired) Rumi Phookan, has been asked to submit its report within two months, the chief minister said in a tweet on Thursday night. Other members of the committee are Assam advocate general Debajit Saikia, additional advocate general Nalin Kohli and senior advocate Nekibur Zaman. Following my announcement to form an expert committee to examine the legislative competence of state legislature to enact a law to end polygamy, the state government has constituted the committee todayThe committee has been given a deadline of 60 days to submit its report, the chief minister said on the microblogging site. Sarma had announced on Tuesday that the state government would set up an expert committee of legal luminaries to scrutinise the legality of banning polygamy

It has to be alive that concept of marriage has evolved, says Supreme Court

The Supreme Court said on Tuesday it has to be alive to the fact that the concept of marriage has evolved and must accept the basic proposition that marriage itself is entitled to constitutional protection as it is not just a matter of statutory recognition. A five-judge Constitution bench headed by Chief Justice D Y Chandrachud, while hearing arguments on a batch of pleas seeking legal validation for same-sex marriage, said it would be "far-fetched" to argue that there is no right to marry under the Constitution, which itself is a "tradition breaker". Senior advocate Rakesh Dwivedi, appearing for Madhya Pradesh, argued heterosexual couples have a right to marry in accordance with custom, personal law and religion. This has been continuing and that is the foundation of their right, he said, while repeatedly urging the court to leave the issue of according legal sanctity to same-sex marriage to the legislature. "There cannot be any denial of the fact that State has a legitimate ...

Can dissolve marriage on ground of 'irretrievable breakdown', says SC

The apex court has said that the 'cooling off' period of six months, which is given to a couple to reconcile, can be dispensed if certain conditions are met

Parties can't directly reach apex court, seek dissolution of marriage: SC

The Supreme Court said on Monday contesting parties cannot directly approach it and seek dissolution of marriage on the ground of irretrievable breakdown by filing a writ petition under Article 32 of the Constitution. A five-judge constitution bench headed by Justice S K Kaul, while referring to a top court verdict delivered earlier by a two-judge bench, said it was rightly held that any such attempt must be spurned and not accepted, as the parties should not be permitted to file a writ petition under Article 32 before the top court or under Article 226 before the high court seeking divorce on the ground of irretrievable breakdown of marriage. The reason is that the remedy of a person aggrieved by the decision of the competent judicial forum is to approach the superior tribunal/forum for redressal of his/her grievance. The parties should not be permitted to circumvent the procedure by resorting to the writ jurisdiction under Article 32 or 226 of the Constitution of India, as the case

Article 142(1) of Constitution crucial, its exercise must be legitimate: SC

The Supreme Court said on Monday Article 142(1) of the Constitution, which gives wide and capacious power to the apex court to do complete justice should be exercised in a legitimate manner and with caution, as its verdict ends the litigation between parties. Article 142 of the Constitution deals with the enforcement of decrees and orders of the apex court to do "complete justice" in any matter pending before it. As per Article 142(1), a decree passed or an order made by the apex court is executable throughout the territory of India. A five-judge Constitution bench headed by Justice S K Kaul said the exercise of power and discretion under Article 142(1) is valid and as per the Constitution, as long as complete justice' required by the cause or matter' is achieved without violating fundamental principles of general or specific public policy. Given the expansive amplitude of power under Article 142(1) of the Constitution of India, the exercise of power must be legitimate, and clamour

SC rules that it has power to dissolve marriage, scraps 6-month wait period

The Supreme Court held on Monday it has the discretion to dissolve a marriage on the ground of irretrievable breakdown in exercise of its plenary power under Article 142 (1) of the Constitution and can grant divorce by mutual consent while dispensing with the 6-month waiting period mandated under the Hindu Marriage Act, 1955. Article 142 of the Constitution deals with enforcement of decrees and orders of the apex court to do "complete justice" in any matter pending before it. As per Article 142(1), a decree passed or an order made by the apex court is executable throughout the territory of India. Section 13-B of the Hindu Marriage Act deals with divorce by mutual consent and sub-section (2) to this provision provides, after the first motion has been passed, the parties would have to move the court with the second motion, if the petition is not withdrawn in the meanwhile, after six months and not later than 18 months of the first motion. A five-judge constitution bench headed by ...

SC says it can dissolve marriage on ground of irretrievable breakdown

The Supreme Court on Monday held that it can dissolve a marriage on the ground of irretrievable breakdown. A five-judge Constitution bench headed by Justice S K Kaul said the apex court is empowered under Article 142 of the Constitution to do complete justice. Article 142 of the Constitution deals with the enforcement of decrees and orders of the apex court to do "complete justice" in any matter pending before it. "We have. held that it is possible for this court to dissolve the marriage on the ground of irretrievable breakdown of marriage," the bench, also comprising justices Sanjiv Khanna, A S Oka, Vikram Nath and J K Maheshwari, said. The apex court delivered the verdict on a batch of petitions relating to the exercise of its vast powers under Article 142 of the Constitution to dissolve broken-down marriages between consenting couples without referring them to family courts for protracted judicial proceedings to get the decree of separation.

SC verdict likely on May 1 on divorce without referring to family courts

The Supreme Court will likely pronounce on May 1 its verdict on broad parameters for exercising its vast powers under Article 142 of the Constitution to dissolve marriages between consenting couples without referring them to family courts. A five-judge constitution bench of Justices SK Kaul, Sanjiv Khanna, A S Oka, Vikram Nath and J K Maheshwari had reserved its judgement on September 29, 2022. While reserving its order, the court had said social changes take a "little time" and sometimes it is easier to bring a law but difficult to persuade society to change with it. The apex court had acknowledged the large role a family plays in marriages in India. Article 142 of the Constitution deals with enforcement of decrees and orders of the apex court to do "complete justice" in any matter pending before it. The apex court is also considering whether its sweeping powers under Article 142 are inhibited in any manner in a scenario where a marriage has irretrievably broken down in the opin

How can same-sex partners get social rights without marriage: SC to Centre

The Bench also indicated that the Centre should see if there can be separate legislation to protect the rights of same-sex couples

SC dismisses plea seeking uniform minimum age of marriage for men and women

The Supreme Court on Monday refused to entertain a plea seeking a uniform minimum age of 21 years for marriage for both men and women, saying that it will amount to directing Parliament to make a law to fix the age. A bench comprising Chief Justice D Y Chandrachud and Justices P S Narasimha and J B Pardiwala said the matter fell under the domain of the legislature and it will not be dealing with the issue. The top court referred to its February 20 order by which it had dismissed another PIL filed by advocate Ashwini Upadhyay seeking equality in the legal age of marriage for men and women. Solicitor General Tushar Mehta, appearing for the Centre, said, "This will be akin to legislating.... This is in the domain of the legislature. The striking down of a provision would result in a situation where there will be no minimum age for marriage for women." If the court will entertain this plea it will be then directing Parliament to fix the minimum age, the CJI observed. "The challenge in

Same-sex marriages recognisable under Special Marriage Act: Legal experts

Using gender-neutral words like 'partner', 'spouse' are the key to sanctifying the concept under the 1954 law