gauri can file against dadisa - Page 2

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SRKLuvr thumbnail
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Posted: 13 years ago
#11

Originally posted by: Manasi_16

Their child marriage was anulled by the Mahapanchayat. from that day onwards the Singh family was clear of all legal & social bindings

So now Gauri cannot do anthing



DO panchayats have legal standing to just annul a marriage like that? Although annuling does not really wipe away the crime of the child marriage committed does it?
Edited by SRKLuvr - 13 years ago
Blukitten thumbnail
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Posted: 13 years ago
#12

Originally posted by: SRKLuvr



DO panchayats have legal standing to just annul a marriage like that? Although annuling does not really wipe away the crime of the child marriage committed does it?

Yes they have right to do tht...
panchayats are local self government they can be set up in any village with minimum 300 population.
They are legally recognised bodies and their job is to look after the local village affairs.
uaually village disputes are first tried out in the panchayat if they are unable to take decision or the parties do no agree they can go to courts.Its like smallest unit of social juctice system.
Try googling some info abt panchayats.
Manasi_16 thumbnail
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Posted: 13 years ago
#13

Originally posted by: SRKLuvr



DO panchayats have legal standing to just annul a marriage like that? Although annuling does not really wipe away the crime of the child marriage committed does it?



Yes Sanaya, as far as I know, in rural India panchayats are govt recognized bodies to dispense justice. Villagers rarely approach courts for anything...but yes, panchayat decisions can be challenged in courts & then I think the court decision is final

tinoo thumbnail
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Posted: 13 years ago
#14

Originally posted by: Manasi_16

Their child marriage was anulled by the Mahapanchayat. from that day onwards the Singh family was clear of all legal & social bindings

So now Gauri cannot do anthing

yes, but the court can inquire into WHY the gauri marriage was annulled. 😆😆
and when the court finds out it is because dadisa had already performed a child marriage of J to A...then for that crime she can go to jail maybe 🤣
Chytra thumbnail
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Posted: 13 years ago
#15
Child Marriage Restraint (Amendment) Act, 1949 (41 of 1949), Section 7.
Limitation -- No Court can take cognizance of any offense under this Act after the expiry of one year from the date on which the offense is alleged to have been committed.

Gawari can't file a case now. Because the expiry date went away through the window long while ago. and also in a child marraige case they cannot prison a woman according to the similar act
arunima_LUIT thumbnail
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Posted: 13 years ago
#16
😆😆

Originally posted by: tinoo

yes, but the court can inquire into WHY the gauri marriage was annulled. 😆😆
and when the court finds out it is because dadisa had already performed a child marriage of J to A...then for that crime she can go to jail maybe 🤣



I bet may be Gauri jee is almost dreaming about this plan, 😆Daadisa going to jail for subjecting her to trauma, agony ...etc n etc n etc




hooked thumbnail
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Posted: 13 years ago
#17

Originally posted by: tinoo

yes, but the court can inquire into WHY the gauri marriage was annulled. 😆😆
and when the court finds out it is because dadisa had already performed a child marriage of J to A...then for that crime she can go to jail maybe 🤣


Ds won't be guilty alone. Then it'll be Bhanwari devi and G's folks too. Money offered is one, but selling your child is another kind of offence. Ad accepting money for marrying your <10 yr old to a boy is a crime too.

Anyways, the marriage was annuled b4 it was consumated (it cudn't have consumated anyways). And 3 panchayats declared it void. G can do absolutely nothing.

G is just a greedy woman who takes takes n takes. And when there is nothing more coming - she will come down to robbery - like this week as we'll see. 👎🏼
SRKLuvr thumbnail
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Posted: 13 years ago
#18
I don't think Gauri can file case against Dadisa. But at the same time I don't think even now the Singhs would be able to file a case of bigamy against Jogia without the court wondering why they didn't complain for two years and are suddenly complaining now after asking for the divorce after two years. Then they will think maybe there is a revenge element involved.
Manasi_16 thumbnail
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Posted: 13 years ago
#19

Originally posted by: SRKLuvr

I don't think Gauri can file case against Dadisa. But at the same time I don't think even now the Singhs would be able to file a case of bigamy against Jogia without the court wondering why they didn't complain for two years and are suddenly complaining now after asking for the divorce after two years. Then they will think maybe there is a revenge element involved.



No...Singhs will just say that they were hoping that Jagya realises his mistake & comes back to Anandi. But now when it is clear that he will never come back home, they want Anandi to move on in life.

And the question of revenge will not real stand much in court coz they are asking for divorce by mutual consent. If after 2 years Anandi had filed for bigamy, then maybe revenge would have been a motive.

tinoo thumbnail
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Posted: 13 years ago
#20

Originally posted by: SRKLuvr

I don't think Gauri can file case against Dadisa. But at the same time I don't think even now the Singhs would be able to file a case of bigamy against Jogia without the court wondering why they didn't complain for two years and are suddenly complaining now after asking for the divorce after two years. Then they will think maybe there is a revenge element involved.

SRKLUvr,
they are not filing a case of bigamy against jagya.
they are just filing for a simple divorce so i dont think any revenge element will be involved.

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