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Cvs!Kesar has rights as a wife.Not Arushi.

Mitrashakti Goldie
Mitrashakti
Mitrashakti

Joined: 04 December 2008
Posts: 2174

Posted: 31 December 2010 at 6:57pm | IP Logged
 Hello Cvs !
 
I have reading articles where it is mentioned that Aarushi will be fighting for her rights. What kind of rights are you taalking about ? She has no legal rights. Under the eyes of law this marraige does not exist. According to the information  belowArushi has no rights to fight for any rights and the Thakur's have no right or power to keep her at the Niwas.

Bigamy i.e. second marriage during the lifetime of a first spouse is illegal in India. Second marriage and the relationship arising out of it do not have any validity. Section 5 of the Hindu Marriage Act, 1955, clearly states that a marriage could be valid only if neither of the party has a living spouse at the time of marriage. Section 11 of the Act declares second marriage to be null and void and she is not addressed as the man's wife ,but the second woman.

A person commits bigamy when he/she:            

    has a husband or wife living, marries in any case in which such marriage is void,
  • By reason of its taking place during the life of such husband or wife.

Thus, bigamy is an offence only if the first husband or wife is alive. Even if second marriage is performed with the consent of first spouse, it is an offence. In case of a divorce dissolving a valid marriage, the parties obtaining such dissolution can remarry.

 The law is very clear on second marriage. Given the case, the laws are very dicey for the second women and she is not protected by law. The second woman is not entitled to any share in husband's property. The children of the second woman, however, are entitled to get a share in their father's self-acquired property.

The children from the second wife are entitled to share in their father's self 'acquired property not any family property.

Complaint under the Act

Anyone who has witnessed the illegal act can file a case of bigamy either in court or at the police station under section 494/495 of the Indian Penal Code.

 A petition for declaring the second marriage as void can be filed  if the marraige is consumated by the parties of second woman

Complaint for cheating can be filed under section 415 of IPC in case the person hides the fact of first marriage.

Punishment under the Act

Bigamy is a non-cognizable offence. It is bail able and compoundable with the permission of court if the offence is committed under section 494 of the IPC. The punishment for bigamy is imprisonment, which may extend till 7 years or fine or both. In case the person charged of bigamy has performed the second marriage by hiding the fact of first marriage, then he shall be punished with imprisonment of up to 10 years or fine or both. Such offence under section 495 is not compoundable.

These are the important facts about Bigamy. Since this is a social issue and crime, please try to give accurate information because it could be very beneficial to women who are in this position and who want to take the first step towards a better life.
 
Anu


Edited by anusarkar - 31 December 2010 at 7:01pm

The following 6 member(s) liked the above post:

drjijuNandini_09Faiza.koolsadhu1000Rajinilicious....Poojie....

telstra IF-Sizzlerz
telstra
telstra

Joined: 18 November 2010
Posts: 12440

Posted: 31 December 2010 at 9:45pm | IP Logged
hello anu,
 happy new year yara loved your post this is the same question i asked yesterday ssee its a hatke serial sio for the very first time pops will shoew the rights of a mistreess trust me it will b worth watching LOLLOLLOLLOLLOL it will increase our gk al;so so dont worry b happyBig smile
Mitrashakti Goldie
Mitrashakti
Mitrashakti

Joined: 04 December 2008
Posts: 2174

Posted: 31 December 2010 at 9:47pm | IP Logged
Originally posted by telstra

hello anu,
 happy new year yara loved your post this is the same question i asked yesterday ssee its a hatke serial sio for the very first time pops will shoew the rights of a mistreess trust me it will b worth watching LOLLOLLOLLOLLOL it will increase our gk al;so so dont worry b happyBig smile
Hi telstra,
 
Is'nt it sad that YKW will be still there and Kriya trying to save her. Very sad. I cannot see Kesar suffering anymore.
 
ANu
Rajinilicious IF-Stunnerz
Rajinilicious
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Posts: 24340

Posted: 01 January 2011 at 12:27am | IP Logged
nice post 
koolsadhu1000 IF-Sizzlerz
koolsadhu1000
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Joined: 03 July 2007
Posts: 20976

Posted: 01 January 2011 at 3:02am | IP Logged
Nice post . Very informative . No sympathies for Arushi or Pratigya who is trying to 'save ' her . Sympathies only for kesar . The Saxena sisters r oversmart and desrve to know some ugly hometruths of life .

The following 2 member(s) liked the above post:

lighthousepier--Hope--

prettymeena Groupbie
prettymeena
prettymeena

Joined: 23 December 2010
Posts: 58

Posted: 01 January 2011 at 3:14am | IP Logged
nice post
glitter411 Senior Member
glitter411
glitter411

Joined: 30 September 2010
Posts: 218

Posted: 01 January 2011 at 9:15am | IP Logged
Originally posted by koolsadhu1000

Nice post . Very informative . No sympathies for Arushi or Pratigya who is trying to 'save ' her . Sympathies only for kesar . The Saxena sisters r oversmart and desrve to know some ugly hometruths of life .
LOLLOLClapvery true.....

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