Don't reach to conclusions. Read on...
I strongly believe that Geet has been wronged & she should get justice. But can she???? Under present laws in IPC & CrPc she can't. Here is why.
In the morning I was reading a newspaper & I came across an article on the rights of second wife. The author gave numerous instances & references to the laws in Indian Penal Code (IPC) & CrPc (Criminal procedure code) which pointed to the fact that Indian laws are not in favour of second wife. Even second wife has no right to register a complaint against the husband. (crpc section 198). Only first wife has that right. Plus without proof police or court can't act on the complaint.
According to the law: A marriage may be solemnized between any two Hindus, if the following conditions are fulfilled, namely:-
neither party has a spouse living at the time of the marriage
This is the most important part here. If the first wife is living the second marriage stands null & void.
Section 17 deals with punishment
"Any marriage between two Hindus solemnized after the commencement of this Act is void if at the date of such marriage either party had a husband or wife living; and the provisions of sections 494 and 495 of the Indian Penal (45 of 1860) Code shall apply accordingly."
Now it's very difficult to prove second marriage in court because people who are doing this keep it very secret & this has been proved in very rare cases. The article refers to a case where magistrate pronounced one & half year's sentence to the husband & the others involved but the appellate Justice gave relief to all except the husband.
The second wife can't claim alimony from her husband but the children out of second marriage can have right in the property.
So NT's plan was foolproof. And now when there is nobody to testify for Geet there is no evidence at all against Dev. And Dev's testimony can be challenged easily. In the current scenario only NT can be charged with attempt to murder case.
I'm giving the links whoever is
interested can read. It's open to discuss.
http://rashtriyasahara.samaylive.com/epapermain.aspx?queryed=9
http://www.netlawman.co.in/acts/hindu-marriage-act-1955.php
If a person conceals the facts of former marriage from the person with whom the subsequent marriage is contracted, then he shall be punishable with imprisonment, which may extend to ten years, and shall also be liable to fine.
Marriage Ceremony Fraudulently Gone Through Without Lawful Marriage
There are two essential requirements:
Punishment
Fraudulent or Mock marriages are made punishable. Any person
committing it shall be punishable with imprisonment, which may extend to
seven years, and is also liable to fine also.
So there is NO MARRIAGE BETWEEN GEET AND DEV and the question of SECOND MARRIAGE DOES NOT EVEN COME INTO PLAY --
--------
Thanks
If a person conceals the facts of former marriage from the person with whom the subsequent marriage is contracted, then he shall be punishable with imprisonment, which may extend to ten years, and shall also be liable to fine.
Marriage Ceremony Fraudulently Gone Through Without Lawful Marriage
There are two essential requirements:
Punishment
Fraudulent or Mock marriages are made punishable. Any person committing it shall be punishable with imprisonment, which may extend to seven years, and is also liable to fine also.
So there is NO MARRIAGE BETWEEN GEET AND DEV and the question of SECOND MARRIAGE DOES NOT EVEN COME INTO PLAY --
--------
Thanks
If a person conceals the facts of former marriage from the person with whom the subsequent marriage is contracted, then he shall be punishable with imprisonment, which may extend to ten years, and shall also be liable to fine.
Marriage Ceremony Fraudulently Gone Through Without Lawful Marriage
There are two essential requirements:
Punishment
Fraudulent or Mock marriages are made punishable. Any person
committing it shall be punishable with imprisonment, which may extend to
seven years, and is also liable to fine also.
So there is NO MARRIAGE BETWEEN GEET AND DEV and the question of SECOND MARRIAGE DOES NOT EVEN COME INTO PLAY --
--------
Thanks
Thanks for the
information. My legal info is weak. Ok I accept it is a rape. Even then how it can be proved without
testimony or evidence. Dev's confession is not enough. Moreover his testimony
has been challenged by NT & proved as a false statement given under
pressure. Immigration & other documents have also been forged.Land deal can play a crucial role but CVs seems to have forgotten it.