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Panchayati divorce has no recognition in the eyes of law. Panchayati divorce is illegal and is against Hindu Marriage Act 1995. Panchayati divorce is not legal in India. The best way to get divorce is to go court or convince your Ex Husband or Ex Wife to go for mutual divorce. NO Panchayat can dissolve the marriage except any competent court.
Panchyati Talak or Customary Law Divorce
he Supreme Court and its registry will remain shut on April 14, Friday on account of the birth anniversary of Dr. BR Ambedkar.
A circular to this effect was issued on Tuesday, under the directions of Chief Justice of India (CJI) DY Chandrachud.
Earlier, a group of Supreme Court lawyers had written to the CJI seeking the inclusion of Ambedkar Jayanti as an official holiday for the apex court.
The lawyers had flagged the fact that while publishing its list on holidays as part of the annual calendar, the Supreme Court fails to include April 14 as a holiday.
CJI Chandrachud had, on December 6 last year, paid his respects to Dr. Ambedkar on his death anniversary, and described him as the architect of the Indian Constitution.
“Personally, I have highest regards for Dr Ambedkar, who is the architect of our Constitution. Whatever we are today is because of his vision,” he had said.
The Supreme Court recently took exception to the Madhya Pradesh High Court seeking an explanation from a sessions judge for an order he had passed granting bail to an accused person [Totaram vs State of Madhya Pradesh & anr].
It was unwarranted for the High Court to have issued a show-cause notice to the judge while also ordering the immediate arrest of the accused, a bench of Chief Justice of India (CJI) DY Chandrachud and Justice JB Pardiwala said.
Such orders, the top court said, can have a chilling effect on district judiciary.
“The order of the High Court directing that the appellant be arrested immediately and seeking an explanation from the Second Additional Sessions Judge was wholly disproportionate and was not warranted. Such orders of the High Court produce a chilling effect on the District judiciary. The members of the district judiciary cannot be placed in a sense of fear if they were to exercise the jurisdiction lawfully entrusted to them for granting bail in appropriate cases,” the apex court’s order of April 6 said.
The bail order had been passed by the sessions judge with due regard to the nature of the offence and developments in the case, the apex court further explained.
It, therefore, set aside the High Court order.
The top court was hearing an appeal against the High Court order from December 2022 cancelling the bail of the appellant.
The appellant was accused of tying the complainant to a tree, stripping and assaulting him in June 2022.
The High Court had observed that a chargesheet being filed could not have been considered as a change in circumstance warranting grant of bail by the sessions judge.
It had, therefore, set aside the bail order and directed the police to arrest the appellant immediately.
The accused then moved the apex court which, in February, stayed the High Court’s order, released the petitioner on bail, and issued notice in the matter.
The interim bail was made by permanent by means of the April 6 order, and the High Court order cancelling bail was set aside.
Advocate Rekha Pandey appeared for the appellant-accused. Advocate Anuradha Mutatker represented the respondents.
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