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Child Marriage Laws: The Flip Side (Page 7)

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intruderfast

IF-Sizzlerz

intruderfast

Joined: 18 October 2010

Posts: 14663

Posted: 05 June 2011 at 10:44pm | IP Logged
Originally posted by Prithika_C

Originally posted by intruderfast

ppl cange LOLLOLprithika
and i learned an important lesson after visiting different forums ,
 here sanaya , sonia ji r on my side where as my friends from ut forum r against me, 
aur tum toh permanently mere against hoROFL
but tappu and jagya r  very differentWinktappu is a criminal , jagya is not, so same logic does not apply here re
honestly i will be ok with either of the options(obviously more happy if he improvesWink)
 till jagya anandi is not possible
@bold arrey mei kahan permanently tumhare against hu...remember PKYEKEmbarrassed.we both like abhiyaEmbarrassed.
@blue ok we wont talk about this as you know my tapu prem and your jagya prem has no limits..so no point in discussing.
@red omg you are again sounding like veeya fans onlyLOL.


oh haan abhiya woh bhool gaya tha, thankfully kahin to hamari thinking miliLOL
btw dont call it jagya prem , log galat samjhenge reSillyROFL
viase bhi meri reputation ki dhajjiya udd chuki hainLOL


Edited by intruderfast - 05 June 2011 at 10:45pm

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Aurora.

Goldie

Aurora.

Joined: 11 June 2009

Posts: 1918

Posted: 05 June 2011 at 10:48pm | IP Logged
Originally posted by intruderfast

Originally posted by Prithika_C

Originally posted by intruderfast

ppl cange LOLLOLprithika
and i learned an important lesson after visiting different forums ,
 here sanaya , sonia ji r on my side where as my friends from ut forum r against me, 
aur tum toh permanently mere against hoROFL
but tappu and jagya r  very differentWinktappu is a criminal , jagya is not, so same logic does not apply here re
honestly i will be ok with either of the options(obviously more happy if he improvesWink)
 till jagya anandi is not possible
@bold arrey mei kahan permanently tumhare against hu...remember PKYEKEmbarrassed.we both like abhiyaEmbarrassed.
@blue ok we wont talk about this as you know my tapu prem and your jagya prem has no limits..so no point in discussing.
@red omg you are again sounding like veeya fans onlyLOL.


oh haan abhiya woh bhool gaya tha, thankfully kahin to hamari thinking miliLOL
btw dont call it jagya prem , log galat samjhenge reSillyROFL
viase bhi meri reputation ki dhajjiya udd chuki hainLOL
yeh prem nahi to aur kya hai din raat tum jagat ka jaap karte ho.dont worry about others agar beech beech mei gauri par bhi line maroge to koi tumhe galat nahi samjhegaLOL.

fiddu-b

Senior Member

fiddu-b

Joined: 15 January 2011

Posts: 269

Posted: 06 June 2011 at 12:42am | IP Logged
Originally posted by woman11

Originally posted by mhkadiwal

There is no law in India which says that Anandi / Jagya marriage was illegal.
The Child Marriage Restraint Act, 1929 ,last amended as THE PROHIBITION OF CHILD MARRIAGE ACT, 2006, was enacted with a view to restraining solemnisation of child marriages. The Act was subsequently amended in 1949 and 1978 in orderto raise the age limit of the male and female persons for the purpose of marriage. The Act, though restrains solemnisation of child marriages yet it does not declare them to be void or invalid. The solemnisation of child marriages is punishable under the Act.
So a person married has the same rights as in any legal marriage.There is option to get a marriage declare null in court upto a time limit.Maintenance,residence is of husband's/husband's family's responsibility.
The child marriage laws as such are sufficient to protect a child bride.


Dear mhkadiwal,
I am aware of the PCMA 2006 that does make a provision for the maintainence and recognition of the child bride. However, all the cases I have cited are real life cases and atrocities in the name of child marriage are still happening. As you must be aware, the current PCMA, in spite of its promise to support child brides does have a lot of loophole that may be exploited:

1. "The petition under this section may be filed at any time but before the child filing
the petition completes two years of attaining majority
."---This is a major loophole, since most of the times it is the husband that abandons the marriage and are pretty much capable of moving on to the next partner before they attain 21. If you read the 3rd case study that I have mentioned, the guy was 19 years of age and he could easily nullify his marriage under the claim that he himself is a minor!! Unfortunately, the discrepancy of legal adulthood between a woman and a man--i.e 18 and 21 years actually works against the woman for it gives the man a larger leeway in terms of years, though it's not necessary that the men will refrain from "adult activities" till 21!

2. "The Provision for maintenance and residence to female contracting party to child
marriage"
is again a very fuzzy area and is not as well defined as the adult marriage act. For example, unlike the Hindu Marriage Act, the court will not secure alimony at the charge of " an immovable property of the respondent". Again, unlike the HMA, it is completely up to the court to decide HOW much money should be paid as maintainence and does not depend on the application made by the wife.
It is not surprising that with the wife often left with lesser bargaining power, she is frequently deprived of her alimony or has no recourse if the husband refuses to pay. She is mostly at the mercy of the husband.  

3. "Punishment for male adult marrying a child.- Whoever, being a male adult
above eighteen years of age, contracts a child marriage shall be punishable with rigorous
imprisonment which may extend to two years or with fine which may extend to one lakh
rupees or with both."

The Act does not create a provision for marital rights of child brides married to adult men. The men might be tried for child abuse/rape and punishable under offences of sexual assault which is a maximum of only 2 years, but the wives are not entitled to a regular alimony or compensation since the marriage itself is deemed void. Hence the issue of the first case study that I mentioned.

I did not go into the legal complexities in my original post, since I wanted to highlight how many girls/women face issues of abandonment and denial of marital rights due to the sensitive issue of child marriages. We do need more stringent laws to plug these loopholes. I really don't think that the current child marriage laws are "sufficient" to protect the child brides.

Also, my main focus was to report the real life picture prevalent in our country where, in spite of the laws, several women are regularly abused and exploited.

However, I thank you with heartiest regards for bringing in the legal discussion in this matter. Your post (and the other one too in this forum) made me read the laws more carefully and opened up a lot of questions for a non-legal expert like me.

 
Excellent points. i'd like to say sumthin for the points In Blue
its sumthin i found over the internet today while researching this child marriage issue ( thanks to woman11). The fact that Jagya - Anandi marriage is illegal was sumthin i accepted till i saw this.

You can even view and download the Act from which they have made this article.
the rest can be viewed in the website from the link i provided... you can even view the Act

It shows that Since Jagiya did not call the marriage null and void within 2 years of attaining majority, His marriage with Anandi IS LEGAL. Had he called it null and void within the 2 years, he would have to provide for her maintenance until she remarried.



Edited by fiddub - 06 June 2011 at 1:08am

divmath

Goldie

divmath

Joined: 17 November 2009

Posts: 2077

Posted: 06 June 2011 at 1:06am | IP Logged
The link talks about  methods of annulling or calling a child marriage void...doesnt say that "Child Marriage is Legal" anywhere...Child marriage was is and will be illegal...I dont think there is a law written anywhere which says Child Marriage is Legal...NO WAY...

There are provisions for the child bride who was abandoned...there are various methods to call off the marriage...etc etc which you stated...

A marriage is India or anywhere for that matter will be "Legal" only and only if it is "Registered in the Court"...which was not the case in Jag-Anandi marriage...hence it is ILLEGAL

fiddu-b

Senior Member

fiddu-b

Joined: 15 January 2011

Posts: 269

Posted: 06 June 2011 at 1:11am | IP Logged
Originally posted by divmath

The link talks about  methods of annulling or calling a child marriage void...doesnt say that "Child Marriage is Legal" anywhere...Child marriage was is and will be illegal...I dont think there is a law written anywhere which says Child Marriage is Legal...NO WAY...

There are provisions for the child bride who was abandoned...there are various methods to call off the marriage...etc etc which you stated...

A marriage is India or anywhere for that matter will be "Legal" only and only if it is "Registered in the Court"...which was not the case in Jag-Anandi marriage...hence it is ILLEGAL

Divmath: if a marriage is NOT called Null and Void within the stipulated time period (here within 2 yrs of attaining majority) then it OBVIOUSLY becomes LEGAL... Its a very interesting thing to note and i hope the CV's too know about this. It'll make Jagya's marriage an issue  which i think is the reason they showed him paying bribe to hasten the marriage...


Edited by fiddub - 06 June 2011 at 1:16am

divmath

Goldie

divmath

Joined: 17 November 2009

Posts: 2077

Posted: 06 June 2011 at 1:15am | IP Logged
Originally posted by fiddub

Originally posted by divmath

The link talks about  methods of annulling or calling a child marriage void...doesnt say that "Child Marriage is Legal" anywhere...Child marriage was is and will be illegal...I dont think there is a law written anywhere which says Child Marriage is Legal...NO WAY...

There are provisions for the child bride who was abandoned...there are various methods to call off the marriage...etc etc which you stated...

A marriage is India or anywhere for that matter will be "Legal" only and only if it is "Registered in the Court"...which was not the case in Jag-Anandi marriage...hence it is ILLEGAL

Divmath: if a marriage is NOT called Null and Void within the stipulated time period (here within 2 yrs of attaining majority) then it OBVIOUSLY becomes LEGAL...

It DOESNT !!! as I said in order for a marriage to be called Legal...it has to be "REGISTERED" !! and this marriage isnt...Hence it is ILLEGAL...there is no marriage certificate...no proof...just the society or family cannot be a proof...if thats the case then anyone can misuse this aspect...So no I dont believe that Child marriage is legal...moreover Jag-Anandi marriage  no way...

Thats exactly why the CV's stressed on the Legal marriage between Jag and Gauri...

divmath

Goldie

divmath

Joined: 17 November 2009

Posts: 2077

Posted: 06 June 2011 at 1:18am | IP Logged
Infact...if anyone tries going to the court...the people who will be behind bars would be Bhairon, Sumitra, DS, and Anandi's parents for committing the crime of Child Marriage...and getting two kids married...I still remember the police raid during Ja-An wedding...and everyone chickened out, Anandi was asked to lie that she is not getting married...even DS did not want to bring up the issue during Gulli's wedding...because they were scared of the police...

Edited by divmath - 06 June 2011 at 1:21am

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fiddu-b

fiddu-b

Senior Member

fiddu-b

Joined: 15 January 2011

Posts: 269

Posted: 06 June 2011 at 1:28am | IP Logged
Originally posted by divmath

Infact...if anyone tries going to the court...the people who will be behind bars would be Bhairon, Sumitra, DS, and Anandi's parents for committing the crime of Child Marriage...


You may be right, Their marriage may not be legal divya but Jagya did not call it Null and Void either.. there must be significance to it. BTW Is there a time period within which a marriage done by religious ceremony has to be registered with the registrar to be made Legal? I dont think Bhairon is irresponsible as to ignore registering his son's marriage once they attained majority.. but if he had, then Jagya wouldnt have so confidently said that his 1st marriage is illegal...

anyways, i think the CV's are goin to ignore this issue anyway. Since they are just going to show Anandi studying further (she's anyway being maintained for by her in-laws). so it may not make any difference to them.


Edited by fiddub - 06 June 2011 at 1:33am

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divmath

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