The case: Phooli Vs Gauri - Page 11

Originally posted by: gangubai1

Actually Payal the panchayat was aware that Phooli is going under Naata and it was the Sarpanch at that time who told Phooli's father that he should consider the Naata since it was a good option for Phooli's future.

Secondly, Naata is a socially recognized practice in that area. There was no fraud in that case, since the MIL insisted that they wanted only a Naata and not a marriage. So Phooli can't claim that it was rape. Yes there is an absence of written agreement, but who is to prove or disprove a verbal agreement? Esp. since Phooli's father celebrated the Naata by inviting the entire village and all? Can he say that he was mislead.

A Naata is normally of one year's duration and that is approximately the time that Phooli has spent with her in-laws, again social sanction exists. Normally in a Naata the children borne during this period belong to the father, since most women are unwilling or incapable of taking care of the children. If the father doesn't accept the child then the child is usually sent to an orphanage. This I'm talking about the prevalent social practice.

Even Phooli claims her rights over the child, she would still have to look at Bharat's family to provide her financial assistance. Since she is a widow, she cannot give a legal father's name to the child, he'll grow up to be a bas***d. Coming from a poor destitute family she cannot assure that the child will have a good education, upbringing and future. Even if she goes to the court to demand her rights, the custody will be awarded to Bharat because he can give the child a legal status, financial support, and a bright future. Plus his wife is willing to accept the child, so Phooli can't even claim that the child will grow up without maternal care.

Originally posted by: sreevask

Can a husband with a living first wife opt for nata?

Originally posted by: sreevask

How can Phooli be saved 4m this hardship?

Originally posted by: sreevask

There may be several similarities between Phooli & Gauri,social status wise.

What are the differences between them legally n morally ?

What's the way out for both?

What can Anandi do judiciously
where as she herself is a victim of injustice by male chauvinistic society ????

Originally posted by: gangubai1

Even if she goes to the court to demand her rights, the custody will be awarded to Bharat because he can give the child a legal status, financial support, and a bright future. Plus his wife is willing to accept the child, so Phooli can't even claim that the child will grow up without maternal care.

I don't think this is right... Naata is recognised by the village, but not by law. And in India, Courts, who give decisions based on law are more powerful than the Panchayats.

Originally posted by: Missesha

In my POV, this case must go to the courts and It should be a case of fradulence, humiliation, inhumanity and victim of cruel social custom. Then Bharat's family should be punished. Even if Phooli's parents need to go to jail, so be it... The only person who should get justice here is Phooli

If for some reason she can't get custody over her child, then that's still fine, but Bharat can't just go away with what he did and let Phooli be used and thrown..

There are 2 points Phooli can use in court to get her child back..

1) Bharat's wife will not be agood mother becuase; A lady who is extremely cunning, scheming,rude and selfish, who cannot understand another mother's pain, cannot deserve to be a mother of someone else's child.

2) .. ' what if one fine day Bharat's wife concieves (miracles happen) ?' then will she be able to love Ghansham in the same manner, given that she is extremely selfish.

I am not writing any of these based on any knowledge of law... I am just thinking through... so no offence to anyone...