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20 December 2025 18:17
By keeping itself out of RTI ambit, why SHANTI Bill has raised transparency concerns π
#nuclear_power
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19 December 2025 16:43
Some Practical crpc and evidence sections in detail.
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19 December 2025 16:30
Landmark judgments jharkhand judicial academy
#Judgments@CurrentLegalGK
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18 December 2025 20:55
#Question@CurrentLegalGK
In case there is conflict between Fundamental Rights and other Provisions of constitution such as 300A, 324, 359, 142, 161 then which will prevail?
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18 December 2025 11:21
πͺConcealment necessary for discovery information to be made admissbile under section 27 evidence Act
Recovery made of MO1/mobile, MO11/knife and MO21/cash as purportedly admissible under Section 27 of the Evidence Act. Even as per the prosecution story, the same were handed over along with the confession, to PW15, which material objects were said to be in the possession of the accused at the time of arrest. MOs 12 to 20/clothes were projected as seized under Section 27 which were worn by the accused at the time of arrest.
8. There was no concealment as such and in any event, on an arrest, when the material objects could have been seized from the body of the accused on a mere search by the police, the attempt to convert it as a recovery under Section 27 cannot at all accepted. It goes against the very principle of Section 27, insofar as the disclosure relied upon can only relate to the concealment and the recovery of material objects on such disclosure made, which recovery has to be made in the persons of witnesses.
#BSA@CurrentLegalGK
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17 December 2025 21:25
. SHIKSHA KUMARI
v.
SANTOSH KUMAR
2025 (3JB, Delhi HC)
Provisions
Section 13B (inserted by 1976 amendment) and 14(1) proviso Hindu Marriage Act, 1955
The issues are as follows:
1. Is the 1 year separation period under 13B(1) before the petition if filed for mutual divorce is mandatory?
No, it can be waived.
2. Is the 6 months period under 13B(2) for filing motion for divorce is mandatory?
No, it can also be waived.
Legal Position of Supreme Court:
1.
Sureshta Devi vs. Om Prakash, 1991Court recognised 1 year living pre requisite for 13B(1) and held The expression "
living
separately", connotes to our mind not living like husband and wife.
It has no reference to the place of living.
2.
Amardeep Singh vs.
Harveen Kaur, 2017.The 6 months period for motion is not mandatory because the object of amendment was to not let the spouses live in agony with no possibility of reconciliation and courts should have power,
If object of the enactment will be defeated by holding the
same directory, it will be construed as mandatory, whereas if by holding it mandatory serious general inconvenience will be created to innocent persons without very much furthering the object of enactment, the same will be construed as directory.β
(4 factors to waive the 13B(2) period are:
(i) statutory period of 1 year and 6 motnh already over before filing petition (the duration of marriage exceded 1.5 years)
(ii) all efforts of mediation failed order 32A- rule 3 CPC, section 23 of HMA, section 9 of family courts act.
(iii) Parties genuinly resolved issue of alimony, custody etc.
(iv) delay will only enhance agony.
3.
Amit Kumar vs. Suman Beniwal, 2023
Held not mandatory for all 4 factors to he followed if all 4 are met then court is obliged to waive 6 months period and added 8 other factors list such as time of marriage, any other proceedings, child out of wedlock etc...
4.
Shilpa Shailesh v. Varun Srinivasan, 2023Affirmed above 2 and Waived 6 months period and held "The procedure should give way to a larger public and personal interest of the parties in ending the litigation(s), and the pain and sorrow effected, by passing a formal decree of divorce, as de facto the marriage had ended much earlier."
High Court of Delhi and Rajasthan.
1.
Pooja Gupta vs Nil, 2010Considering the following 1 uear of 13B(1) can also be waived.
(a) the maturity and the comprehension of the spouses;
(b) absence of coercion/intimidation/undue influence;
(c) the duration of the marriage sought to be dissolved;
(d) absence of any possibility of reconciliation;
(e) lack of frivolity;
(f) lack of misrepresentation or concealment;
(g) the age of the spouses and the deleterious effect of the
continuance of a sterile marriage on the prospects of re-marriage of the parties
1 year waived by Rajasthan HC in
Nitish Agarwal vs. Ms. Anchal, 2020.2.
Sunny vs. Sujata, 2012 held 1 year is mandatory because 13B is complete code but the reasoning is incorrect because it starts with the phrase
subject to the provisions of this code and 14(1) proviso allows a petition to be presented before 1 year which squarely applies in 13B as well provided conditions of 14(1) i.e. exceptional hardship or exceptional depravity are met.
Ratio
1. 14(1) was base don fault theory then why not to apply in mutual divorce.
2. In our opinion, the essential ingredient of section 13B of the HMA is the
consent of parties, and not the timelines set-out in that provision
3. Both 1 year and 6 months can be waived together and decree of divorce can be passed forthwith provided conditions of aforesaid judgment of pooja gupta and 14(1) (for 1 year 13B(1)) and amardeep Singh and amit kumar (for 6 months 13B(2)) are met
4. Sankalp Singh v.
Prarthana Chandra, 2013 is good law but as regards law that only period of 1 year can be waived and not 6 motnh is incorrect because 2017 and 2023 judgment of SC affirms it and both can be waived together additionally court can pass it forthwith and not wait till 1 year analogy from section 14(1) proviso where "may" is used
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