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Joke? Indian Marriages and Legal System DTWrng pg7 (Page 8)

vasu_2013 Senior Member
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Joined: 11 May 2013
Posts: 443

Posted: 26 June 2013 at 11:23pm | IP Logged
Originally posted by determination

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.

@Determination, I will not comment on the points you have highlighted as I am not expert on the legal matters but I definitely want to salute you for your politeness in putting forth your points and the considerate tone when you are refuting counter-claims. This is definitely an example to be followed in this forum. So, thank you.Clap

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vasu_2013 Senior Member
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Posted: 26 June 2013 at 11:29pm | IP Logged
Originally posted by punirashakti

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.
 
 
Reported to...for insulting our indian marriage institute n law too...
 
 

I am sorry, am puzzled - what was insulting in the above post? 

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Posted: 26 June 2013 at 11:44pm | IP Logged
Arjun-Ovi marriage too was a Joke...

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AjinkyaSaw Newbie
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Posted: 27 June 2013 at 4:33am | IP Logged

Balaji serials were always a CRAP!!!!. Starts off with good note and then starts dragging with non-senses story line and multiple marraiges.

 

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Posted: 27 June 2013 at 6:13am | IP Logged
Originally posted by vasu_2013

Originally posted by punirashakti

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.
 
 
Reported to...for insulting our indian marriage institute n law too...
 
 

I am sorry, am puzzled - what was insulting in the above post? 
 
 
bcs she hv no proper knowledge of indian marriage ACT n also hindu marriage filling...n she written on dos sensitive issues...is shw insult she insulted indian marriage filling n law too...
OmkaRaman IF-Rockerz
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Posted: 27 June 2013 at 7:52am | IP Logged
Originally posted by punirashakti

Originally posted by vasu_2013

Originally posted by punirashakti

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.
 
 
Reported to...for insulting our indian marriage institute n law too...
 
 

I am sorry, am puzzled - what was insulting in the above post? 
 
 
bcs she hv no proper knowledge of indian marriage ACT n also hindu marriage filling...n she written on dos sensitive issues...is shw insult she insulted indian marriage filling n law too...
What's there that is insulting ?Confused

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machar13kandykandyJShivpallavi25

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Posted: 27 June 2013 at 8:06am | IP Logged
Originally posted by ramkideewani23

Originally posted by punirashakti

Originally posted by vasu_2013

Originally posted by punirashakti

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.
 
 
Reported to...for insulting our indian marriage institute n law too...
 
 

I am sorry, am puzzled - what was insulting in the above post? 
 
 
bcs she hv no proper knowledge of indian marriage ACT n also hindu marriage filling...n she written on dos sensitive issues...is shw insult she insulted indian marriage filling n law too...
What's there that is insulting ?Confused

Exactly! I have posted actual excerpts from Indian Marriage law Act and having a discussion abt legalities of divorce and annulment. We are talking abt laws and divorce procedures. Whats insulting abt that? Confused

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Sakhile Goldie
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Joined: 11 September 2012
Posts: 1977

Posted: 27 June 2013 at 8:33am | IP Logged
There was no forceful marriage in this programme. No one was forced to do any thing. Each of them made a decision and gave whatever reasons they did for doing so. The divorce does not show the ending of forced marriages. It simply shows that the institution is being taken lightly. Marriage must be a commitment. This show fails hopelessly in showing that people should commit to their decisions no matter the reason they took that decision.

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