Child Marriage Laws: The Flip Side - Page 7

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Posted: 12 years ago

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

Non registration of a marriage does not make a marriage illegal as is the current rule. As registration of marriage is a state subject, some states have enacted rules for compulsory registration, but even there non registration does not effect the validity of marriage.It would be a welcome step to register all marriage as it will surely curb the practice of child marriage.As it is also a directive by the Supreme Court, but it is yet to be implemented by all states.

Granted a child marriage isn't legal but it isn't illegal either.Bizarre!! The law says the government shall try and stop child marriage from taking place; but once it takes place, it can't be annulled.So all a cop has to do is pretend that he hasn't seen the child marriage taking place right before his eyes .

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ankit111

@ankit111

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Posted: 12 years ago

@Aditi jii .ya Thts the beauty. We do leg pulling and nobody offended. Wish it wd hv been the same in other place 😆 😆 😆

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groucho

@groucho

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Posted: 12 years ago

Originally posted by: mhkadiwal

Non registration of a marriage does not make a marriage illegal as is the current rule. As registration of marriage is a state subject, some states have enacted rules for compulsory registration, but even there non registration does not effect the validity of marriage.It would be a welcome step to register all marriage as it will surely curb the practice of child marriage.As it is also a directive by the Supreme Court, but it is yet to be implemented by all states.

Granted a child marriage isn't legal but it isn't illegal either.Bizarre!! The law says the government shall try and stop child marriage from taking place; but once it takes place, it can't be annulled.So all a cop has to do is pretend that he hasn't seen the child marriage taking place right before his eyes .

True and isn't that a tragedy...young lives ruined by practices of age-old rituals. When will people learn.

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633792

Inactive

Posted: 12 years ago

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...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...

I would love to see that and it will surely send the correct message.

So as the law stands if Anandi moves court for annulling Jagya/Gauri marriage, and the court takes suo motto notice of child marriage, the people who will be behind bars would be Bhairon, Anandi's Father and Jagdish(for bigamy charges).No woman can be imprisoned under PCMA.

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groucho

@groucho

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Posted: 12 years ago

Originally posted by: mhkadiwal

I would love to see that and it will surely send the correct message.
So as the law stands if Anandi moves court for annulling Jagya/Gauri marriage, and the court takes suo motto notice of child marriage, the people who will be behind bars would be Bhairon, Anandi's Father and Jagdish(for bigamy charges).No woman can be imprisoned under PCMA.

I am impressed with your knowledge of the laws pertaining to child marriages...sadly I doubt if anyone in the creative team has done any research into these laws...this story will follow the law of the CV's and TRP's and that is what should be avoided if the channel or the show is to make an impact in the correct quarters.

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vidyasu1

@vidyasu1

Groupbie

Posted: 12 years ago

since we are on the subject of child marriage, here is some news : 47 per cent of Indian women marry before the age of 18. In other words, a huge number of Indian marriages are child marriages. This makes taking black and white positions on legality problematic. Imagine the number of women who will be abandoned without any responsibility on the husbands' part if we were to insist that all child marriages are illegal and therefore automatically null and void.

http://idiva.com/news-relationships/omg-47-of-indian-women-marry-before-18/4922

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tanvismile

@tanvismile

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+ 3

Posted: 12 years ago

Originally posted by: mhkadiwal

Non registration of a marriage does not make a marriage illegal as is the current rule. As registration of marriage is a state subject, some states have enacted rules for compulsory registration, but even there non registration does not effect the validity of marriage.It would be a welcome step to register all marriage as it will surely curb the practice of child marriage.As it is also a directive by the Supreme Court, but it is yet to be implemented by all states.

Granted a child marriage isn't legal but it isn't illegal either.Bizarre!! The law says the government shall try and stop child marriage from taking place; but once it takes place, it can't be annulled.So all a cop has to do is pretend that he hasn't seen the child marriage taking place right before his eyes .

if ul talking about laws ,wer are the laws ?whom r they helping ,some many people who faced child marriage issues , in a law there is no mention about child marriage ,some say special marriage ,for special marriages there must be special circumstances,special marriage n child marriage are totaly different ,and if these laws are made for people ,then specialy the villagers had to be informed about it.even if there is some punishment it should be given by villagers ,becoz this is their tradition.

regarding registered marriage well nowadays that is what happens everywhere.

regarding jagat also he isnt aware of law otherwise he surely would have divorced anandi .

Edited by tanvismile - 12 years ago

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Suchi-

@Suchi-

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Posted: 12 years ago

Originally posted by: mhkadiwal

I would love to see that and it will surely send the correct message.
So as the law stands if Anandi moves court for annulling Jagya/Gauri marriage, and the court takes suo motto notice of child marriage, the people who will be behind bars would be Bhairon, Anandi's Father and Jagdish(for bigamy charges).No woman can be imprisoned under PCMA.

Well done again mhkadiwal. Awesome knowledge on these issues.

Surely there are HUGE loop holes in the laws.

Jagya's marrying again making Child marriage as an excuse falls under this. He is trying to wriggle his way out of the marriage without wanting to hold any responsibility. This should be high lightened in the show.

Jag -anandi is a no no but , the fact remains that their marriage is legal and Anandi has rights which cannot be ignored on the basis of child marriage.

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633792

Inactive

Posted: 12 years ago

Originally posted by: tanvismile

if ul talking about laws ,wer are the laws ?whom r they helping ,some many people who faced child marriage issues , in a law there is no mention about child marriage ,some say special marriage ,for special marriages there must be special circumstances,special marriage n child marriage are totaly different ,and if these laws are made for people ,then specialy the villagers had to be informed about it.even if there is some punishment it should be given by villagers ,becoz this is their tradition.
regarding registered marriage well nowadays that is what happens everywhere.

regarding jagat also he isnt aware of law otherwise he surely would have divorced anandi .

To be honest ,laws have limited scope as this continues to be regarded as social problem. Moreover the path to seek justice from courts is expensive, long and treacherous. People usually don't seek judicial intervention for their social problem be it domestic violence,marital rape, child marriage,polygamy etc etc. It is the cunning and resourceful who take advantage of law.

Educate,Educate,Educate. Only education can set one free.

I am already sick of this AG / JG thing. Guess idiotbox is not my cup of tea.

This clearly was a case of a marriage gone bad and husband moved for greener pastures (or may be the other way around). A little lawyer inside me got all riled up and written some posts. Thats all.

Edited by mhkadiwal - 12 years ago

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