Can Geet get justice??. PLZ Read & Discuss

Don't reach to conclusions. Read on...

I strongly believe that Geet has been wronged & she should get justice. But can she???? Under present laws in IPC & CrPc she can't. Here is why.

In the morning I was reading a newspaper & I came across an article on the rights of second wife. The author gave numerous instances & references to the laws in Indian Penal Code (IPC) & CrPc (Criminal procedure code) which pointed to the fact that Indian laws are not in favour of second wife. Even second wife has no right to register a complaint against the husband. (crpc section 198). Only first wife has that right. Plus without proof police or court can't act on the complaint.

According to the law: A marriage may be solemnized between any two Hindus, if the following conditions are fulfilled, namely:-

neither party has a spouse living at the time of the marriage

This is the most important part here. If the first wife is living the second marriage stands null & void.

Section 17 deals with punishment

"Any marriage between two Hindus solemnized after the commencement of this Act is void if at the date of such marriage either party had a husband or wife living; and the provisions of sections 494 and 495 of the Indian Penal (45 of 1860) Code shall apply accordingly."

Now it's very difficult to prove second marriage in court because people who are doing this keep it very secret & this has been proved in very rare cases. The article refers to a case where magistrate pronounced one & half year's sentence to the husband & the others involved but the appellate Justice gave relief to all except the husband.

The second wife can't claim alimony from her husband but the children out of second marriage can have right in the property.

So NT's plan was foolproof. And now when there is nobody to testify for Geet there is no evidence at all against Dev. And Dev's testimony can be challenged easily. In the current scenario only NT can be charged with attempt to murder case.

I'm giving the links whoever is interested can read. It's open to discuss.

http://rashtriyasahara.samaylive.com/epapermain.aspx?queryed=9

http://www.netlawman.co.in/acts/hindu-marriage-act-1955.php

What.....no one seems to be interested in discussing it. Does everyone wants poetic justice?????

For starters she is not a second wife; she was raped under the guise of marriage so it is fraud and cheating and applicable law

Rape Law: [IPC Sec 375] and also IPC Sec 376 under special cases

A man is said to commit rape who has sexual intercourse with a woman,

1. against her will, or
2. without her consent, or
3. with her consent when her consent has been obtained by putting her in fear of death or of hurt, or
4. with her consent, when the man knows that he is not her husband and that her consent is given because she believes that he is another man to whom she is lawfully married, or
5. with her consent, when at the time of such consent, by reason of unsoundness of mind or intoxication or the administration by him personally or though another of any stupefying or unwholesome substance she is unable to understand the nature and consequence of that to which she gives consent.
6. with or without her consent when she is under sixteen years of age.

Concealment of Former Marriage [Sec 495]

If a person conceals the facts of former marriage from the person with whom the subsequent marriage is contracted, then he shall be punishable with imprisonment, which may extend to ten years, and shall also be liable to fine.

Marriage Ceremony Fraudulently Gone Through Without Lawful Marriage

There are two essential requirements:

1. Dishonest or fraudulent intention of going through the marriage
2. Knowledge on the part of the person going through the ceremony that he is not lawfully married.

Punishment

Fraudulent or Mock marriages are made punishable. Any person committing it shall be punishable with imprisonment, which may extend to seven years, and is also liable to fine also.

So there is NO MARRIAGE BETWEEN GEET AND DEV and the question of SECOND MARRIAGE DOES NOT EVEN COME INTO PLAY --

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Thanks

Originally posted by: bDgT

For starters she is not a second wife; she was raped under the guise of marriage so it is fraud and cheating and applicable law

Rape Law: [IPC Sec 375]

A man is said to commit rape who has sexual intercourse with a woman,

against her will, or without her consent, or with her consent when her consent has been obtained by putting her in fear of death or of hurt, or with her consent, when the man knows that he is not her husband and that her consent is given because she believes that he is another man to whom she is lawfully married, or with her consent, when at the time of such consent, by reason of unsoundness of mind or intoxication or the administration by him personally or though another of any stupefying or unwholesome substance she is unable to understand the nature and consequence of that to which she gives consent.
1. with or without her consent when she is under sixteen years of age.

Concealment of Former Marriage [Sec 495]

If a person conceals the facts of former marriage from the person with whom the subsequent marriage is contracted, then he shall be punishable with imprisonment, which may extend to ten years, and shall also be liable to fine.

Marriage Ceremony Fraudulently Gone Through Without Lawful Marriage

There are two essential requirements:

Dishonest or fraudulent intention of going through the marriage
1. Knowledge on the part of the person going through the ceremony that he is not lawfully married.

Punishment

Fraudulent or Mock marriages are made punishable. Any person committing it shall be punishable with imprisonment, which may extend to seven years, and is also liable to fine also.

So there is NO MARRIAGE BETWEEN GEET AND DEV and the question of SECOND MARRIAGE DOES NOT EVEN COME INTO PLAY --

--------

Thanks

Originally posted by: bDgT

For starters she is not a second wife; she was raped under the guise of marriage so it is fraud and cheating and applicable law

Rape Law: [IPC Sec 375]

A man is said to commit rape who has sexual intercourse with a woman,

1. against her will, or
2. without her consent, or
3. with her consent when her consent has been obtained by putting her in fear of death or of hurt, or
4. with her consent, when the man knows that he is not her husband and that her consent is given because she believes that he is another man to whom she is lawfully married, or
5. with her consent, when at the time of such consent, by reason of unsoundness of mind or intoxication or the administration by him personally or though another of any stupefying or unwholesome substance she is unable to understand the nature and consequence of that to which she gives consent.
6. with or without her consent when she is under sixteen years of age.

Concealment of Former Marriage [Sec 495]

If a person conceals the facts of former marriage from the person with whom the subsequent marriage is contracted, then he shall be punishable with imprisonment, which may extend to ten years, and shall also be liable to fine.

Marriage Ceremony Fraudulently Gone Through Without Lawful Marriage

There are two essential requirements:

1. Dishonest or fraudulent intention of going through the marriage
2. Knowledge on the part of the person going through the ceremony that he is not lawfully married.

Punishment

Fraudulent or Mock marriages are made punishable. Any person committing it shall be punishable with imprisonment, which may extend to seven years, and is also liable to fine also.

So there is NO MARRIAGE BETWEEN GEET AND DEV and the question of SECOND MARRIAGE DOES NOT EVEN COME INTO PLAY --

--------

Thanks

Thanks for the information. My legal info is weak. Ok I accept it is a rape. Even then how it can be proved without testimony or evidence. Dev's confession is not enough. Moreover his testimony has been challenged by NT & proved as a false statement given under pressure. Immigration & other documents have also been forged.Land deal can play a crucial role but CVs seems to have forgotten it.

Geet can get justice under the current law Indian Penal Code sections 495, 376 420, 406 will come into picture and the baby of Geet-DNA test will be conclusive proof

1. They can get the records from Immigration and Canadian Port of Entry and Port of Exit. Those cannot be forged.

2. Airlines maintain a record of passenger list

3. Witnesses

Everything cannot be bought and violated. Everyone is not an idiot

Dev's written confession to Meera is more than enough