Gauri should be able to null the marriage legally

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Riamonk

@Riamonk

Beginner

Posted: 14 years ago

I am not a lawyer/law student and would love their opinions on this.

I think Gauri can annul her marriage. Annulment can be filed if a person marries an already married person (bigamy) and was unaware of their married status. Gauri should be able to null the marriage as per this law. Then J can ask for divorce from A and should not enter a legal complication as his second marriage would be annulled. Then they can remarry, if they would like.

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anshansh

@anshansh

Inactive

Posted: 14 years ago

it is not possible bhairon will be there and can file case that he ditched anandi and married and then he will be punished and such selfish cowards will be very careful they won't take risk

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nihsheeth

@nihsheeth

Beginner

Posted: 14 years ago

Originally posted by: Riamonk
I am not a lawyer/law student and would love their opinions on this.

I think Gauri can annul her marriage. Annulment can be filed if a person marries an already married person (bigamy) and was unaware of their married status. Gauri should be able to null the marriage as per this law. Then J can ask for divorce from A and should not enter a legal complication as his second marriage would be annulled. Then they can remarry, if they would like.

but while gowri filing annulment it already proves J's bigamy ...wch itself a crime under hindu marriage act.

thrs no outlet unless one of them murder another😉

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hppppp

@hppppp

Inactive

Posted: 14 years ago

If Jagya gets his marriage nullified...and at least himself goes and accepts ...and states in the court, the lack of clarity in understanding laws--and takes the initiative to get his marriage with Gauri nullified... he will be out of a lot of complications...
but they won't show it in the serial...they need complications to keep the story going...😆

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Riamonk

@Riamonk

Beginner

Posted: 14 years ago

Well Jagya deserves a punishment for ruining an innocent girl's life. I don't care a bit about what happens to him. 😡

What I am meaning to say here is that we see sparks in Gauri's mind (on and off 😳) that she doesn't wanna be an illegal wife and want to come out of this marriage. She also fears that she has no option. So this way, she can erase the whole thing "legally" from her life (of course not emotionally).

If J has Sacha pyar for her, he should go through the punishment and return back to her. But a spineless character like him wud never do that.

I agree CV's wont show it to let the drama going.

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woman11

@woman11

Voyager

+ 2

Posted: 14 years ago

1. Gauri and Jagya's marriage does not need to be nulled since their marriage, by virtue of being a bigamy, is already null and void.

2. Jagya cannot go to the court and confess that he did not know the laws, that's why he committed the crime of bigamy. The IPC does not recognize ignorance as a valid reason for excusing crime. 😆

3. Gauri can file a case against Jagya under sections 493 ( Cohabitation caused by man deceitfully inducing the belief of lawful marriage), 495 (Concealment of former marriage with person with whom subsequent marriage is contracted) and 496 (marriage ceremony fraudulently gone through without lawful marriage). In that case, Gauri will be appealing against Jagya for cheating her. The court will send Jagya to jail.
Usually women who end up marrying married men do it because they are kept in dark. As soon as they find out about their illegal husband's actions, they file for punishment against that man. They are really very very very few women like Gauri who willingly becomes a consort to a man's heinous crime.😆

4. Jagya can get divorce through divorce by mutual consent. However, for divorce by mutual consent the judges need to be really convinced of the genuine cause of divorce and that it is really due to mutual incompatibility, not a result of any crime on the part of one partner. With Jagya's record of bigamy, the judges can deny divorce on the grounds of mutual consent.

5. The only way Jagya can get a divorce is if Anandi files for divorce (not Jagya) on grounds of Jagya's adultery, bigamy , cruelty or desertion. Jagya will have to go to jail for 7 years but he will be free of Anandi. Guaranteed. 😆

So JAGYA is right. Any move from his side for divorce is going to land him in a hot and sour soup.😆

Edited by woman11 - 14 years ago

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redapple1

@redapple1

Voyager

Posted: 14 years ago

Poor Jagya is totally screwed. That is why he told Gowri to forget about divorce. Only thing he can do is as per Ankith's post go and beg Anandi to give divorce and set him free.

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woman11

@woman11

Voyager

+ 2

Posted: 14 years ago

That's what I suggested. He will go to jail for 7 years, but he will be finally free of Anandi. Guaranteed. 😆

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redapple1

@redapple1

Voyager

Posted: 14 years ago

Originally posted by: woman11
That's what I suggested. He will go to jail for 7 years, but he will be finally free of Anandi. Guaranteed. 😆

If he goes to jail then how will J-G go for honeymoon? that too for a week? 😉

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hppppp

@hppppp

Inactive

Posted: 14 years ago

#10

It is not a sure shot punishment of 7 years-the law says "upto 7 years"...a lot of considerations are also given-...a smart lawyer can save him from jail/punishment provided he builds Jagya's case well...and Jagya himself gets his marriage nullified.

I have never seen any lawyer reacting like this to their clients...even the honest lawyers don't drive the clients out like this--they help in finding a legal solution.

I mean I do feel Jagya acted disgustingly...but what they are showing is not real...its more like showing a fairy tale or something...

Edited by hima_123 - 14 years ago

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Gauri should be able to null the marriage legally

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