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Joke? Indian Marriages and Legal System DTWrng pg7 (Page 6)

m_masti Goldie
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Joined: 07 March 2012
Posts: 1852

Posted: 26 June 2013 at 2:44pm | IP Logged
Originally posted by determination

Originally posted by pallavi25


Purvi Onir marriage can be voided or annulled very easily, even divorce wont be required, according to Hindu Marriage Act.
Because 1) they didnt consummate the marriage
2) Purvi was pregnant with someone else's child at the time of marriage.

This is from Hindu Marriage Act:

Any marriage can be voidable and may be annulled on the following grounds: the marriage has not been consummated due to impotency, contravention of the valid consent, mental illness condition specified in Section 5, or that the respondent at the time of the marriage was pregnant by someone other than the petitioner.







Firstly, I would like to apologize for quoting you. I am absolutely sorry. Please forgive me.

 

However, I beg to differ from your opinion that PuNir's marriage can be "voided" without divorce, as the relevant section you are talking about is Section 12 of the Hindu Marriage Act, 1955, which in full, reads as-

 

Voidable marriages.

 

(1) Any marriage solemnized, whether before or after the commencement of this Act, shall be voidable and may be annulled by a decree of nullity on any of the following grounds, namely:-

 

(a) that the marriage has not been consummated owing to the impotence of the respondent; or


(d)
 that the respondent was at the time of the marriage pregnant by some person other than the petitioner.

 

(2) Notwithstanding anything contained in sub- section (1), no petition for annulling a marriage-

 

(b) on the ground specified in clause (d) of sub- section (1) shall be entertained unless the court is satisfied-

 

(i) that the petitioner was at the time of the marriage ignorant of the facts alleged;

 

(ii) that proceedings have been instituted in the case of a marriage solemnized before the commencement of this Act within one year of such commencement and in the case of marriages solemnized after such commencement within one year from the date of the marriage; and

 

(iii) that marital intercourse with the consent of the petitioner has not taken place since the discovery by the petitioner of the existence of  the said ground.

 

 

For non law scholars, I'll try to explain what the above mentioned section means-

 

1. The first reason given is that "they didnt consummate the marriage". This reason is not applicable for annulling the marriage.

Herein, the marriage can be voided only if PuNir did not consummate their marriage due to impotency. (As far as we know Onir is not impotent. If he is then this section can be applied).

 

2. The second reason given is that "Purvi was pregnant with someone else's child at the time of marriage". 

 

Herein, 2 important legalities are involved, which are-

 

a. Section 12 (1) (d ) reads that "the respondent was at the time of the marriage pregnant by some person other than the petitioner". This obviously means that the respondent is the female (Purvi) here and the petitioner is the male (Onir), which implies that the case for declaring the marriage void has to be initiated by Onir. Purvi has no legal grounds to initiate a case for annulling the marriage under this section. Thus, Purvi or her family, acting on her behalf, will not have any locus standi to present their case.

 

b. If we accept that Onir, the husband, would make another "sacrifice" for his wife and initiate the proceedings for declaring the marriage void then also he needs to fulfil the non obstante clause, namely, Onir has to fulfil the stipulations mentioned under Section 12 (2) (b) (i). But, in this case, Onir already knew that Purvi was pregnant with someone else's baby. So, the court shall not entertain such an application of annulling the marriage.

 

So, under the given circumstances, PuNir's marriage is legal according to the non application of the above mentioned section. However, it may be annulled by applying some other relevant section under some other statute (that I am not aware of). I shall appreciate if anyone brings the relevant section (if any) to notice.

 

With that I would like rest my case.


I once again would like to say that I am extremely sorry if I hurt your feelings by quoting you, as someone might quote just to bash another. I had no such intention. My only concern was to bring the correct law to the front for every reader to judge.


Wish you the very best.


P.S. About the question of ArVi reuniting, I am of the belief that true love should win. So, if they love each other truly, then they deserve every happiness they can achieve together.


Awesome PostClap

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paris.hiltonmachar13ShaktifanSwati

machar13 Senior Member
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Joined: 31 January 2013
Posts: 756

Posted: 26 June 2013 at 3:06pm | IP Logged
Originally posted by nalonynnej

I will answer the question you pose in the title very easily. Yes.


To add, the fact ovi and Arjun married was a joke in the first place that set off all the subsequent mistakes. For once, a reality that shd have happened is finally happening. And I am well over 30 and do not think that ovi wanting divorce sends a wrong message. Even mahaan  onir gets that and is supportive of that. Who wants to be in a loveless marriage just because society says so. It is better to be all alone than be in a situation like that. 


I think the cvs are finally on board with the fact it is not a joke and trying to fix their mistake 


Edited by machar13 - 26 June 2013 at 3:11pm

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rajvtasoniiyaaashfaque2012pallavi25

determination Senior Member
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Joined: 10 April 2013
Posts: 394

Posted: 26 June 2013 at 3:13pm | IP Logged
@m_masti

Thank you for your appreciation. 
It motivates me.

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ShaktifanSwati

muse10 Senior Member
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Joined: 10 February 2008
Posts: 386

Posted: 26 June 2013 at 3:50pm | IP Logged
Originally posted by style14

REAL? After all the non sense shown in PR its a bit late to ask for some thing "REAL".

Forcing someone to marry you by blackmail
Carryout non sense "TYAAG"s which are of no good to anyone
Showing two girls pregnant with same man's child
Swapping Babies with complete disregard to their Medical Profession
Men having no say in any matter and woman emotionally blackmailing to get their way

All of this is shown just for ENTERTAINMENT and not to preach youngsters. Its a daily soap.


Agree with most of what you say. But the thing is - does entertainment have to be so twisted? Why can't it be clean and fun? Of course, it would require more skills.

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pallavi25ashfaque2012

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Posts: 26946

Posted: 26 June 2013 at 3:56pm | IP Logged
Originally posted by muse10

Originally posted by style14

REAL? After all the non sense shown in PR its a bit late to ask for some thing "REAL".

Forcing someone to marry you by blackmail
Carryout non sense "TYAAG"s which are of no good to anyone
Showing two girls pregnant with same man's child
Swapping Babies with complete disregard to their Medical Profession
Men having no say in any matter and woman emotionally blackmailing to get their way

All of this is shown just for ENTERTAINMENT and not to preach youngsters. Its a daily soap.


Agree with most of what you say. But the thing is - does entertainment have to be so twisted? Why can't it be clean and fun? Of course, it would require more skills.

Its Ekta's soap, she thrives on convoluted plots, unnatural twists and misery of her characters, and laughs all the way to the bank as we swallow whatever filth she dishes out! 

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muse10machar13vasu_2013ashfaque2012

pallavi25 IF-Stunnerz
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Posts: 26946

Posted: 26 June 2013 at 4:03pm | IP Logged
Originally posted by determination

Firstly, I would like to apologize for quoting you. I am absolutely sorry. Please forgive me.

 

However, I beg to differ from your opinion that PuNir's marriage can be "voided" without divorce, as the relevant section you are talking about is Section 12 of the Hindu Marriage Act, 1955, which in full, reads as-

 

Voidable marriages.

 

(1) Any marriage solemnized, whether before or after the commencement of this Act, shall be voidable and may be annulled by a decree of nullity on any of the following grounds, namely:-

 

(a) that the marriage has not been consummated owing to the impotence of the respondent; or


(d)
 that the respondent was at the time of the marriage pregnant by some person other than the petitioner.

 

(2) Notwithstanding anything contained in sub- section (1), no petition for annulling a marriage-

 

(b) on the ground specified in clause (d) of sub- section (1) shall be entertained unless the court is satisfied-

 

(i) that the petitioner was at the time of the marriage ignorant of the facts alleged;

 

(ii) that proceedings have been instituted in the case of a marriage solemnized before the commencement of this Act within one year of such commencement and in the case of marriages solemnized after such commencement within one year from the date of the marriage; and

 

(iii) that marital intercourse with the consent of the petitioner has not taken place since the discovery by the petitioner of the existence of  the said ground.

 

 

For non law scholars, I'll try to explain what the above mentioned section means-

 

1. The first reason given is that "they didnt consummate the marriage". This reason is not applicable for annulling the marriage.

Herein, the marriage can be voided only if PuNir did not consummate their marriage due to impotency. (As far as we know Onir is not impotent. If he is then this section can be applied).

 

2. The second reason given is that "Purvi was pregnant with someone else's child at the time of marriage". 

 

Herein, 2 important legalities are involved, which are-

 

a. Section 12 (1) (d ) reads that "the respondent was at the time of the marriage pregnant by some person other than the petitioner". This obviously means that the respondent is the female (Purvi) here and the petitioner is the male (Onir), which implies that the case for declaring the marriage void has to be initiated by Onir. Purvi has no legal grounds to initiate a case for annulling the marriage under this section. Thus, Purvi or her family, acting on her behalf, will not have any locus standi to present their case.

 

b. If we accept that Onir, the husband, would make another "sacrifice" for his wife and initiate the proceedings for declaring the marriage void then also he needs to fulfil the non obstante clause, namely, Onir has to fulfil the stipulations mentioned under Section 12 (2) (b) (i). But, in this case, Onir already knew that Purvi was pregnant with someone else's baby. So, the court shall not entertain such an application of annulling the marriage.

 

So, under the given circumstances, PuNir's marriage is legal according to the non application of the above mentioned section. However, it may be annulled by applying some other relevant section under some other statute (that I am not aware of). I shall appreciate if anyone brings the relevant section (if any) to notice.

 

With that I would like rest my case.


I once again would like to say that I am extremely sorry if I hurt your feelings by quoting you, as someone might quote just to bash another. I had no such intention. My only concern was to bring the correct law to the front for every reader to judge.


Wish you the very best.


P.S. About the question of ArVi reuniting, I am of the belief that true love should win. So, if they love each other truly, then they deserve every happiness they can achieve together.


No need to apologize! Smile
Thanks for the clarification.
Since Onir wants the divorce himself, he can easily say he didnt know abt the baby at the time of marriage. He would be the petitioner and if he claimed he didnt know Purvi was pregnant, how can Purvi prove otherwise?
Im not a lawyer myself but Ive heard from legal circles and people who had similar annulments that its easier to get a divorce or annulment if the couple have not consummated their marriage even after one year of being married. There was a case we know abt (neighbourhood people) ...boy married girl, boy was under mother's thumb, never consummated his marriage with the girl, girl was humiliated and tortured constantly by saas, she finally left her sasural and went back to maayka and got an annulment as marriage had never been consummated.

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rajvtamachar13determinationvasu_2013soniiyaaashfaque2012

determination Senior Member
determination
determination

Joined: 10 April 2013
Posts: 394

Posted: 26 June 2013 at 6:59pm | IP Logged
Originally posted by pallavi25

No need to apologize! Smile
Thanks for the clarification.
Since Onir wants the divorce himself, he can easily say he didnt know abt the baby at the time of marriage. He would be the petitioner and if he claimed he didnt know Purvi was pregnant, how can Purvi prove otherwise?
Im not a lawyer myself but Ive heard from legal circles and people who had similar annulments that its easier to get a divorce or annulment if the couple have not consummated their marriage even after one year of being married. There was a case we know abt (neighbourhood people) ...boy married girl, boy was under mother's thumb, never consummated his marriage with the girl, girl was humiliated and tortured constantly by saas, she finally left her sasural and went back to maayka and got an annulment as marriage had never been consummated.



 

You're welcome.

In real court evidentiary value given to the words of a witness matters a lot. So, Onir's claim that he did not know about Purvi's pregnancy could be proved wrong very easily. You asked "Purvi was pregnant, how can Purvi prove otherwise?" The answer is simple. The oral evidence given by Arjun (remember Onir sharing his innermost feelings with his ex-best buddy Arjun), Manav and other family members would establish Purvi's claim (provided that Purvi really wanted to prove that Onir knew about the pregnancy).

Now, considering the fact that the family members also lie in favour of Onir's claim of ignorance, still Onir's friend from Kolkata, Soumya da (the servant at the Dutta place), the gynaec who treated Purvi in Mumbai (Purvi told her that Onir accepted her with the knowledge that she was carrying someone else's baby), mutual acquaintances can prove the truth of Onir's knowlege. Onir had claimed to all and sundry that he was eagerly waiting for his baby's arrival in this world and since till date Onir and Purvi have not consummated their marriage, so the direct conclusion would be that Onir knew that Purvi was pregnant with someone else's baby.

I would like to thank you for sharing such a wonderful real life incident of women empowerment. In India, I believe, it is still rare to find women raising their voices against oppression. Especially married women show reluctance to protest against the torture meted out to them by their husbands and in laws. You'll be perhaps shocked to know (or maybe not) that majority of these women are highly educated and well placed in life, coming from the so called upper strata of society. They silently shed tears and accept the bullying as their fate. I think this girl showed tremendous courage by revolting against the injustice.

I have read a lot of posts made by you, so, if I'am not wrong you're a Bong. Being a fellow Bong I hope the woman you're talking about is from Bengal (as you stated that she lived in your neighbourhood). If yes, I'd say, she makes me feel extra proud because of her deeds.

However, are you sure that she got an annulment and not a divorce? Because if it was an annulment then I'm sure the woman showed her husband to be impotent or she might have proved her case using other provisions of the law.

Going by whatever you've narrated of the story, I think she got a divorce(she has valid grounds to seek the same) and used the term annulment interchangeably.

Whatever the case I applaud her courage and wisdom. I also appreciate your effort in telling us about her brave attempt.

Lastly, a big thank you for taking my earlier post so positively and bothering to reply. Very nice of you to do so.

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rajvtavasu_2013pallavi25

OmkaRaman IF-Rockerz
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Posted: 26 June 2013 at 7:21pm | IP Logged
All the Cvs are trying to teach is the length an obsession can go. Even if u are successful in achieving ur obsessed object, there will always be an end to the long rope. Then on the other hand, it shows how being kind hearted at times can cause much pain and disaster in your lifeOuch

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rajvtavasu_2013soniiyaaJShiv.Nikki.ashfaque2012pallavi25

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