The Supreme Court dismisses a petition that criticised state formation committees for enacting the Uniform Civil Code.
The Supreme Court has explained some important points to be kept in mind regarding the law of limitation and condonation of delay.
The Court was deciding a Special Leave Petition (SLP) preferred by the legal representatives of a man in a land acquisition case.
The two-Judge Bench of Justice Bela M. Trivedi and Justice Pankaj Mithal mentioned the following principles:
(i) Law of limitation is based upon public policy that there should be an end to litigation by forfeiting the right to remedy rather than the right itself;
(ii) A right or the remedy that has not been exercised or availed of for a long time must come to an end or cease to exist after a fixed period of time;
(iii) The provisions of the Limitation Act have to be construed differently, such as Section 3 has to be construed in a strict sense whereas Section 5 has to be construed liberally;
(iv) In order to advance substantial justice, though liberal approach, justice-oriented approach or cause of substantial justice may be kept in mind but the same cannot be used to defeat the substantial law of limitation contained in Section 3 of the Limitation Act;
(v) Courts are empowered to exercise discretion to condone the delay if sufficient cause had been explained, but that exercise of power is discretionary in nature and may not be exercised even if sufficient cause is established for various factors such as, where there is inordinate delay, negligence and want of due diligence;
(vi) Merely some persons obtained relief in similar matter, it does not mean that others are also entitled to the same benefit if the court is not satisfied with the cause shown for the delay in filing the appeal;
(vii) Merits of the case are not required to be considered in condoning the delay; and
(viii) Delay condonation application has to be decided on the parameters laid down for condoning the delay and condoning the delay for the reason that the conditions have been imposed, tantamounts to disregarding the statutory provision.
Advocate Madurima Tatia appeared for the petitioners while AOR Santosh Krishnan appeared for the respondent.
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Brief Facts –
A land in a village was acquired some time in 1989 for Telugu Ganga Project and not satisfied by the compensation offered under the award, the claimants preferred a reference under Section 18 of Land Acquisition Act, 1894. Out of the 16 claimants in the reference, 3 claimants died during the pendency of the reference. No steps were taken to substitute the heirs and legal representatives of the said deceased persons. The reference was dismissed along with some other references vide a common judgment, upholding the award of the collector.
After the lapse of more than 5/6 years, an appeal was filed before the High Court, challenging the dismissal of the reference. Out of 16 claimants, 15 of them impliedly accepted the judgment and order of the reference court and it was only the heirs and legal representatives of the claimant no. 11 who felt aggrieved and filed the appeal. The appeal was preferred with the delay of 5659 days and accordingly, an application supported by an affidavit of the surviving daughter of the deceased claimant was filed for condoning the delay in filing the appeal.
The Supreme Court in view of the facts and circumstances of the case observed, тАЬThe moot question before us is whether in the facts and circumstances of the case, the High Court was justified in refusing to condone the delay in filing the proposed appeal and to dismiss it as barred by limitation. тАж delay is not liable to be condoned merely because some persons have been granted relief on the facts of their own case. Condonation of delay in such circumstances is in violation of the legislative intent or the express provision of the statute.тАЭ
The Court said that condoning of the delay merely for the reason that the claimants have been deprived of the interest for the delay without holding that they had made out a case for condoning the delay is not a correct approach.
тАЬтАж it cannot be said that the facts or the reasons of getting the delay condoned are identical or similar. Therefore, we are unable to exercise our discretionary power of condoning the delay in filing the appeal on parity with the above order(s)тАЭ, it noted.
The Court further said that the High Court did not find it fit to exercise its discretionary jurisdiction of condoning the delay and hence, there is no need of interfering with the discretion exercised by the court.
тАЬFirst, the claimants were negligent in pursuing the reference and then in filing the proposed appeal. Secondly, most of the claimants have accepted the decision of the reference court. Thirdly, in the event the petitioners have not been substituted and made party to the reference before its decision, they could have applied for procedural review which they never didтАЭ, it also noted.
The Court, therefore, concluded that there is no due diligence in pursuing the matter and that the High Court was justified in refusing to condone the delay in filing the appeal.
Accordingly, the Apex Court dismissed the SLP and refused to interfere with the decision of the High Court.
Cause Title- Pathapati Subba Reddy (Died) by LRs & Ors. v. The Special Deputy Collector (LA) (Neutral Citation: 2024 INSC 286)
Appearance:
Petitioners: Advocates Madurima Tatia, V. Sridhar Reddy, AOR Abhijit Sengupta, and Advocate Rohit Jaiswal.
Respondent: AOR Santosh Krishnan, Advocates Girish Chowdhary, Sonam Anand, Deepshikha Sansanwal, S.L. Soujanya, and Shaik Mohammed Haneef.
I can provide you general information, but it’s important to remember that different laws may have different procedures. For counsel relevant to your case, speak with an experienced family lawyer. Personal laws based on religion, including the Muslim Personal Law (Shariat) Application Act and the Hindu Marriage Act, are the main sources of authority for divorce laws in India. These are the main procedures in India for getting a contested divorce.
i. Speak with a Lawyer How To Obtain Contested Divorce In India:
Consult a knowledgeable family lawyer with experience handling divorce disputes. Provide all pertinent information regarding your marriage, your grounds for divorcing, and any supporting documentation.
ii. Specify Contested Divorce Reasons/Grounds:
Recognize the legal bases for divorce under the relevant personal laws. Common grounds include mental illness, terminal diseases, abandonment, brutality, adultery, and conversion to another religion.
iii. Submit/file a Petition for Contested Divorce:
Create a divorce petition that includes the requested relief, the facts, and the grounds for the divorce. Submit the petition to the family court that is in charge of your case.
iv. Notice Service for Contested Divorce:
The other party (spouse) will receive a notice from the court to reply when the petition is filed.There is a deadline for the opposing party to submit a written answer.
v. Findings and Proof Contested Divorce:
During the discovery phase, both parties are free to exchange pertinent documents and data.Gather supporting documentation, photos, and/or witness testimony to bolster your case.
vi. Counseling and Mediation Contested Divorce:
To resolve conflicts, certain courts may recommend therapy or mediation. Should mediation be unsuccessful, the divorce process proceeds.
vii. Legal Proceedings/Hearings Contested Divorce:
Attend court sessions on the appointed day.During the hearings, present your case and any supporting documentation.The court will take both sides’ arguments into consideration.
viii. Evaluation/Judgment:
The arguments and evidence will be considered by the court before a ruling is made.┬а A divorce decree is granted if the court grants the divorce.
ix. Make an appeal, if required:
Either party may seek an appeal within a certain amount of time if they are unhappy with the court’s ruling.
x. Decree execution:
The marriage is formally dissolved as soon as the decree is finalized and ready to be carried out.
It’s important to understand that the length of the process can vary depending on the intricacy of the case and the court’s backlog. For a more seamless process, it’s also advisable to abide by court orders, attend hearings, and heed your lawyer’s advise.
Essential Records
A marriage license
Images from a marriage
The husband and wife’s Adhaar card
Proof of unsuccessful attempts at reconciliation
Description
One of the hardest and most challenging decisions in a person’s life is ending a marriage, thus it needs to be handled carefully. When difficult issues in a marriage are not worked out, the marriage may fail and divorces may result. Divorces can be granted for a number of reasons, including cruelty, infidelity, severe mental abuse, and desertion. Divorces can be fought or mutual, requiring the approval of both spouses. This article addresses contested divorce and provides an explanation of the procedure. The article also provides a good overview of the reasons that can be used to petition for a contested divorce.
Contested Divorce History
The most frequent reasons for a contested divorce are briefly covered below with relevant case law. Where the couple’s marriage took place, one may seek for a contested divorce. It may also be filed at the respondent’s residence or the last location the couple lived together. The place where a wife resides at the time of submitting her petition for a contested divorce is where the divorce must be filed.
Both spouses’ addresses and other personal information must be included in any divorce petition, whether it is challenged or not. If the couple has been living apart, the divorce petition must additionally include the reason or grounds for the divorce, the spouse’s desires regarding child custody, and the date of the couple’s separation. It stipulates that in order to file for a mutual divorce, at least a year must pass after the date of marriage.
Divorces that are more contested require more time to settle than those that are mutual or uncontested. Contested divorces are therefore costly.
In India, the reasons for filing for a contested divorce can change depending on the personal laws that apply to various religious groups. Under various personal laws, the following are some common reasons to file for a contested divorce
The 1955 Hindu Marriage Act
Adultery When a married couple has extramarital affairs.
Cruelty Any act of physical or psychological abuse that impedes the other spouse’s ability to coexist.
Desertion When one partner leaves the other for a continuous minimum of two years without providing a valid explanation.
Conversion When one partner chooses to become a different religion.
Mental Disorder Should one partner have a mental illness that prevents them from cohabiting, then this situation may arise.
The Application of Muslim Personal Law (Shariat) (1937): Talaq The husband starts the divorce by saying “talaq” three times, or Triple Talaq. Cruelty When one partner is cruel to the other.
The Christian Marriage Act of 1872 Infidelity – Abuse – Maltreatment – Abandonment – Spiritual Abuse – Mental Illness.
Section 4 of the Special Marriage Act (1954) covers the following offenses: ┬аAdultery, Cruelty, Desertion, and Conversion, Mental Disorder, and Venereal illness if one of the spouses has a communicable venereal illness.
The 1936 Parsi Marriage and Divorce Act: Infidelity – Abandonment – Conversion – Mental Illness – Spreadable Illness
Other Laws: Based on their own unique laws, each religious community may have particular reasons for divorce.
It’s crucial to remember that the side requesting a divorce has the burden of proof. During the legal process, evidence supporting the grounds for divorce, such as witnesses, documents, or medical records, may be needed. Furthermore, since divorce rules are prone to change, it’s a good idea to speak with an experienced family lawyer to receive the most recent information and advice tailored to your particular circumstances.
Important Points to Consider
Follow all court procedures and deadlines. Cooperate with your lawyer and attend all court hearings.
Be prepared to provide evidence to support your claims. Keep communication civil, especially during court-mandated mediation or counseling sessions.
This guide provides a general overview, and the specifics may vary based on the personal laws applicable to your case. Consult with a lawyer to ensure accurate information and guidance tailored to your situation..
Most common queries (FAQs) about Contested ┬аdivorce in India:
Que:In India, what are the typical reasons for filing for a contested divorce?
Ans: Common grounds include mental illness, terminal diseases, abandonment, brutality, adultery, and conversion to another religion. The particular grounds could change depending on the marriage’s personal laws.
Que: Is attendance by both parties required throughout the divorce proceedings?
Ans: Yes, in most cases, attendance at court proceedings is necessary of both parties. Nonetheless, the court’s approval may be required to make exceptions in specific situations.
Que:What is the typical duration of the disputed divorce process?
Ans:The length of time varies according to the intricacy of the case, the court’s schedule, and the parties’ cooperation. A disputed divorce might take several months or even years to conclude.
Que:Can a divorce be granted pending the court’s ordering of mediation?
Ans: Indeed, before pursuing a divorce, certain courts may advise or require mediation or counseling sessions to consider the potential of reconciliation.
Que:In a Contested divorce case, what kind of proof is essential?
Ans: Documents substantiating claims, witness statements, images, bank records, and any other pertinent information bolstering the grounds for divorce can all be used as evidence.
Que:Is it possible to appeal a family court decision?
Ans: Yes, if either party is unhappy with the family court’s ruling, they have the ability to submit an appeal within a given period of time.
Que:How do I locate a family law expert for my contested divorce?
Ans: Consult with loved ones, coworkers, or friends for recommendations. To locate skilled family lawyers, you can also get in touch with your neighborhood bar association, legal assistance organizations, or internet directories.
Que:In India, is it required to retain legal counsel during a contested divorce?
Ans: Hiring a lawyer is strongly recommended, even if it is not required, particularly in cases of contested divorce. In addition to assisting you with case preparation and presentation, a lawyer can help you navigate the legal system and make sure your rights are upheld.
Que:What distinguishes an uncontested divorce from a disputed one?
Ans: When there is a Contested ┬аdivorce, the court must make decisions because the parties cannot agree on one or more points. All matters are agreed upon by the parties in an uncontested divorce, and the court only has to confirm the agreed conditions.
Que:Is it possible to file for divorce if my partner won’t cooperate?
Ans: Yes, even if your husband is uncooperative, you can still petition for a disputed divorce. The evidence and arguments put forth by both parties will be considered by the court as it moves forward with the case.
Recall that complicated legal procedures can arise, thus in order to handle the difficulties of a Contested ┬аdivorce in India, it is essential to get counsel from an experienced family lawyer.
How can we help you:
Reliable & Secret – We guarantee that all of your personal information and papers will be kept secret. We never give these particulars to anybody.
Expert Lawyer / Counsel: Before addressing any concerns they may be having, clients should seek expert counsel. Our team of highly skilled attorneys will give you with the finest advice and necessary procedure.
Zero Tension: The partners are relieved of the burden of dealing with the intricate court procedures and documentation. All of these tasks will be carried out in court by our Associate.
Superior Lawyers – For your joint divorce,┬а assist you in selecting the top divorce attorneys. We have a variety of colleagues that work with us; you can select a lawyer based on user ratings, experience, and practice area.
Case Status: Using the web dashboard, we give you the ability to keep tabs on your cases. Tracking the status of your case, payments, etc., is simple.
What happens if you default on paying your home loan EMI?
If you miss your Equated Monthly Installments (EMIs) for three consecutive months, the lender is within its rights to first send you reminders for payments. If you are still unable to repay your dues, the lender reserves the right to initiate the process of auctioning off your property to recover its dues as allowed by the legal framework of the SARFAESI Act of 2002.”
Here are four options that can help you repay your home loan EMIs in difficult times.
1. Purchase loan insurance
There are several loan insurance products available on the market that can temporarily pay for your EMIs. You may want to purchase this kind of coverage in addition to your house loan.
2. Raise money by selling assets
You may consider other possibilities for raising money if your savings and income have run out and you are unable to repay the loan. You may sell gold, an automobile that now appears like a luxury, unnecessary electronics, or withdrawals from long-term investments like Public Provident Fund (PPF).
3. Speak with your lender to work out a plan.
You can talk to your lender about your incapacity to make EMIs if the reason is legitimate, such as a temporary hardship, a major medical condition, or a loss of job. You may make an effort to convince your lender that you can soon resume making loan payments and that they should be aware of your troubles.
To persuade the lender, you might demonstrate your history of making on-time loan repayments for prior loansтАФother than home loans. Your lender could be willing to provide you with some choices to help reduce your financial stress on an individual basis, based on an assessment of your credit history and current financial situation. Among these choices are:
a) Grace period: The lender may provide you a brief moratorium on loan repayments, or a window of time during which you do.
b) Refinancing or loan restructuring: You may also benefit from loan restructuring, which allows the lender to shorten the loan term and lower your monthly installments. “You may ask the home loan provider (lender) to reset your EMI by choosing a longer loan tenure, subject to your age and eligibility,” stated Gupta.
c) Interest rate reduction: If you meet specific requirements, you can be offered a cheaper interest rate. According to Gupta, a lender may lower the interest rate on your loan as long as it complies with the published rate grid and is not discriminatory. Nevertheless, it is neither normal nor permitted to reduce interest rates on individual cases to a level below the rate grid, unless there is a settlement, in which case the house loan account would be labeled as “settled” or “written off” (either entirely or partially). “In such a case, the bank will have to recognize the loan as a write-off and your credit score would also be negatively hurt,” he stated.
Important things to remember
Repaying a home loan requires careful handling of your own funds. To ensure that you never fail on a house loan, you should make monthly commitments to manage your money, save consistently, and organize your finances.
If you don’t make payments on your loan within 90 days, it would be considered a non-performing asset (NPA).
If your home loan is not repaid and the lender plans to auction off your belongings to recoup his losses, you have the option to settle your debts in advance of the auction or file an appeal with the Debt Recovery Tribunal to halt the sale. “Both the borrower and the lender are protected by the law. Nonetheless, the lender has the right to pursue legal action to recover funds if the borrower is unable to make future payments.”
MotoGP Bharat: Photo Gallery Of The First IndianGP
High points
The Indian GP’s inaugural winner is Marco Bezzecchi.
The Indian GP will return for the 2024 season the following year. Riders enjoyed riding on the difficult and complex course.
The IndianGP, which took place at the Buddh International Circuit (BIC) during the fourth weekend of September, marked the arrival of MotoGP in India. For all of the riders, it was their first time riding at BIC, so it was a whole new experience. All riders had to overcome numerous obstacles to find the quickest and best route through the extremely difficult 16-turn layout at BIC, which consists of fast straightaways with tight turns that create significant downshifting sections, from the practice sessions to qualifying and finally the races. Having said that, enjoy this gallery of images featuring MotoGP riders and their vehicles around the track.
Marco Bezzecchi started first on the grid for the main race after recording the quickest lap time at BIC. He was followed by sprint race winner Jorge Martin (Pramac Ducati) and Francesco Bagnaia (Ducati Lenovo) in third place. Marco completed a clean first lap, held onto the lead, and gradually closed the distance with the other riders. As the race came to a close, Marco emerged from the finish line first by eight seconds.
