The case: Phooli Vs Gauri

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Missesha

@Missesha

Dazzler

+ 2

Posted: 13 years ago

#71

Originally posted by: gangubai1
So far from what they have shown the family has no inclination of throwing Phooli out, they only don't want her to be involved in childcare. Again not sure what Phooli's status would be in case of Domestic violence act because really the family is not throwing her out, depriving her of economic sustenance, nor are they getting physically or emotionally violent towards her. Where is the case? They didn't mislead her into thinking that she would be given the status of the wife, they didn't bring her into the family home. She walked into this with her eyes open and a blind faith.

I totally understand your POV, but how about the fact that Phooli did not know that she is going to be a surrogate mother and it was a fraud? Can she legally claim on that?

Or is it because she accepted Naata, this fraudulence is no more a fraud but an acceptable treatment?

Thanks for sharing information... never knew people in villages suffer to this extent.

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Missesha

@Missesha

Dazzler

+ 2

Posted: 13 years ago

#72

Originally posted by: sreevask

u r welcome missesha...
1) As a biological mother she WILL always have rights over her baby...for which alimony MUST be arranged by the baby's biological father & the baby gets all the properties (un-willed) of his biological parents.Then also if the baby wishes to stay with his mother (Phooli) only,then also his dirty dad can't do any thing...

2)Law never encourages polygamy for any reason...but the family can appoint a surrogate mother to carry out their lineage/heredity/warrisy...(which is also regulated by ART Bill,,vide http://www.bioedge.org/index.php/bioethics/bioethics_article/9781)

3)I liked the high lighted remark.Being an educated,she should have shown prudence but it is the sentimental threat that ditched her in to the social evil.If Gauri is in her place, she'd have thrown her father in to the well before he threatens her.

So if there is anyway Phooli can prove that this was polygamy / fraudulence and not surrogation of her child out of Phooli's will, then possibly she can win...

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sreevask

@sreevask

Voyager

Posted: 13 years ago

#73

The only ground for Anandi is refusing to recognize naata as it carries no legality.Phooli had bn deceived into polygamist relationship by bharat.(cheating case u/s 420)
Their relationship can be considered as live-in & there is no contract agreement for surrogacy
With Phooli.

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Suchi-

@Suchi-

Sparkler

+ 3

Posted: 13 years ago

#74

I am sure there would be a law, to protect her, that she was cheated into the marriage and was told that she was to enter into marriage etc. and the first wife was not returning ...

etc etc.,

and get her child back.

lets see how Cvs achieve this

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Suchi-

@Suchi-

Sparkler

+ 3

Posted: 13 years ago

#75

Originally posted by: sreevask
The only ground for Anandi is refusing to recognize naata as it carries no legality.Phooli had bn deceived into polygamist relationship by bharat.(cheating case u/s 420)
Their relationship can be considered as live-in & there is no contract agreement for surrogacy
With Phooli.

So there lies the similarity of Gauri and Phooli...

That if they were to file the case gauri can file that she was cheated and in the end can get

her child and probably money to raise that child.

But no wifely rights

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Anmol Jain

@intruderfast

Trailblazer

+ 4

Posted: 13 years ago

#76

Originally posted by: Suchi-NivReniac
I am sure there would be a law, to protect her, that she was cheated into the marriage and was told that she was to enter into marriage etc. and the first wife was not returning ...

etc etc.,

and get her child back.
lets see how Cvs achieve this

but this is not a marriage suchi it was natha, thats the main point. so she has legally no haq on anything

sure since its a soap they will show phooli getting justice with the help of anandi

but if it was in real i doubt kuch ho paata

she might get rights as a mother thats all

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Purva

@-Purva-

Dazzler

+ 5

Posted: 13 years ago

#77

Why would the family recognize her rights on the child, becoz the sole purpose of getting her to this house was to bear a child. So the question of her rights on the child or the monetary support to raise him does not arise. She has no position to question or protest against whats being done. True there is no written contract, but the fact remains that a hefty amount was paid to her father. While no one can prove or disprove a verbal contract, a monetary transaction can be proved. So basically she can't say that she was cheated or anything also.

In real life the cases of women who protest against the injustice of naata is really very bad. Please refer to the link I posted earlier for details.

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hooked

@hooked

Dazzler

Posted: 13 years ago

#78

Originally posted by: gangubai1
Why would the family recognize her rights on the child, becoz the sole purpose of getting her to this house was to bear a child. So the question of her rights on the child or the monetary support to raise him does not arise. She has no position to question or protest against whats being done. True there is no written contract, but the fact remains that a hefty amount was paid to her father. While no one can prove or disprove a verbal contract, a monetary transaction can be proved. So basically she can't say that she was cheated or anything also.

In real life the cases of women who protest against the injustice of naata is really very bad. Please refer to the link I posted earlier for details.

I read - panchayats in certain villages actually punished the women who went to court to demand justice AND GOT IT ! But the point is precisely that - unless bad behaviour is exposed and challenged and publicly condemned - HOW ELSE will one generate public opinion against it ?

Even if I agree that they got her specifically to bear a kid n paid her dad some monies, they had not said so in so many words. In fact her MIL had said - the guy is too shattered and distraught over his first wife's behaviour and doesn't ever want to get married so he'll not agree to go thru a wedding all over again. But I want to see him with a good girl and I chose you. Hence this 'naata - chunri odhana' ceremony, but rest assured you (phooli) will have all the rights of a wife, short of a ceremony.

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hooked

@hooked

Dazzler

Posted: 13 years ago

#79

I can't remember if she said all this in the presence of a third party - maybe that kaki who fixes wedding for most people in the village ! Coz they then could use these grounds to expose their fraud and get Phooli back with her baby.

In any case, unless a big deal IS made out of these current nasty practices, these things will never get a bad rep and go away. People who practise this - need to see how n why it is bad and why it is shameful n looked down upon. People practising this -shud be ashamed to come out in public and to own up to what they did. If that doe shappen even in half a dozen families THEN BV would have been successful.

It is also excellent to air this so that any girl's parents considering this NAATA, may see the horrible consequences and back out in time.

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Purva

@-Purva-

Dazzler

+ 5

Posted: 13 years ago

#80

But that's my point, when there is a dispute about a verbal discussion held behind closed doors, who is to say who is right and who is lying. The MIL can claim that she told Phooli's dad the real reason and she paid more than the usual "jhagda" just for this. Is there some way that Phooli's dad can disprove that? Nor can he deny that he took the money.

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The case: Phooli Vs Gauri - Page 8

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