If Zara is Indira then she is not married to Malik

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kaya123

@kaya123

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Posted: 12 years ago

#11

Originally posted by: Parm.

Thanks Kaya for clearing this up.

So as it stands IF Zara is Indira (which I believe she is) then she is NOT married to Malik and her marriage to Rishi is still valid/legal thereby making Shweta and Rishi's marriage invalid/illegal. Is this correct?

As sakshi said, this is correct.

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ashish.sachi

@ashish.sachi

Rocker

Posted: 12 years ago

#12

@Kaya : According to your Scenario 3 . Marriage can be annulled if death is certified.

Since they have shown funeral before entire CC.

So they must have taken Death Certificate from Registrar office ( as this is Essential , before cremating any dead body).

So Inshi's marriage is nullified , with Death Certificate issued ( no need of divorce in this case).

And accordingly RISHTA Marriage is standing & valid. ( Even if Indira returns back)

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nutan7

@nutan7

Voyager

Posted: 12 years ago

#13

Originally posted by: ashish.sachi

If Husband & wife are separated from each other for 7 years or more. And if either of them remarries during this period , believing other partner to be dead , then according to Indian Law "Second Marriage is only valid , and first is automatically nullified.
This applies also , even if separated member returns , and original husband & wife wants to reunite.

The only way for them is to have divorce from Second Marriage ( which off course requires mutual consent).

So in present case , unless & untill Shweta willingly gives divorce to Rishi , there is no way legally Rishi and Zara/Indira can be together.

@bold required to be conformed . 7 years absconding period is required to be declared dead

myself is civil engineer not lawyer but I have worked for welfare of women. and had organized workshop on laws for women .

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kaya123

@kaya123

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Posted: 12 years ago

#14

Originally posted by: ashish.sachi
@Kaya : According to your Scenario 3 . Marriage can be annulled if death is certified.

Since they have shown funeral before entire CC.

So they must have taken Death Certificate from Registrar office ( as this is Essential , before cremating any dead body).

So Inshi's marriage is nullified , with Death Certificate issued ( no need of divorce in this case).

And accordingly RISHTA Marriage is standing & valid. ( Even if Indira returns back)

i am asking a divorce specialist lawyer . will come back to you.

Edited by kaya123 - 12 years ago

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kaya123

@kaya123

Navigator

Posted: 12 years ago

#15

quite interesting question ashish,

here it goes as told by a lawyer specialising in divorce and property cases:

He has not come across a single case like this , so there is no precedence for resolution of this case.

Now in the current scenario if the first spouse was dead (body incorrectly identified or any other case as shown in HD), then in that scenario the death certificate would have been issued and the spouse can remarry and marriage will be legal till the second spouse comes back.

now after 7/8 yrs if the declared dead spouse comes back then that spouse has to go to court to prove that he/she is actually alive giving all the circumstances on where he/she was for 8 yrs. the burden of proof will be onhim/her. Then it will actually depend on the surviving spouse which marriage he/she wants to be considered legal. if he wants the first marriage to be considered legal , then the second wife can file for maintenance. If he wants second wife to be considered legal , then the first wife can ask for maintenance.

but this will certainly be the first case of its type, so HD is going in new territory. also since only one marriage will be considered legal , then other spouse can certianly file for maintenance if there is no wrongdoing/fraud done by them.

Additional points that can tilt the court decisions in one parties favour:

If any party had done fraud in getting a wrong person declared dead/

Is there any husband wife relation between the husband wife of the second marriage and do they have children from second marriage

has he husband/wife whose spouse was declared dead actually done any fraud in the entire matter.

and the lawyer actully told a list of 8-10 other things which will be considered,while deciding the case.

hope this helps in further clearing your understanding

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Parm

@Parm.

Dazzler

Posted: 12 years ago

#16

Originally posted by: kaya123

Is there any husband wife relation between the husband wife of the second marriage and do they have children from second marriage

Hi Kaya,

This was one of my first questions as well. If Rishi and Sweta have not consummated their marriage can it not be annulled (if of course saying that their marriage is legal to start with)? Is that not grounds for annulment in India (rather than going thru a divorce if their marriage is considered legal)?

As for children, I'm not sure what category Indu falls in. Sweta is surrogate mother of Indu but she has also raised her as well however having said that did Rishi not make her sign some papers stating she would have no rights over Indu?

Way to many questions and possibilities, who knows which way CV's will take this.

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TBDRESS

@TBDRESS

Dazzler

Posted: 12 years ago

#17

Legal-not legal, valid- invalid. Who cares? We are talking about the HD universe where basic laws of nature don't apply, human made laws to door ki baat hai!

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ashish.sachi

@ashish.sachi

Rocker

Posted: 12 years ago

#18

@Kaya : I appreciate your research👏. I fully agree with all your points.

But one point , I think you missed, Indira will have against her if she goes to court ( for claiming Rishi).

She herself wanted Rishi to marry Shweta in her last days. And was also present in their initial though incomplete marriage. ( Video clippings of initial RISHTA Marriage).

So it can easily be concurred that Indira herself wanted RISHTA Marriage , after she is no more.

So unless & untill , it is conclusively proven that Shweta has some hand in Indira's false death , Shweta's case remains impregnanble.

And as Regards Maintainance part , we all know that neither Indira/Zara nor Shweta requires it. They both Earn much more than Rishi ( who hardly earns enough of his own).

Edited by ashish.sachi - 12 years ago

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ashish.sachi

@ashish.sachi

Rocker

Posted: 12 years ago

#19

@ Walden : Good One😆

Edited by ashish.sachi - 12 years ago

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nutan7

@nutan7

Voyager

Posted: 12 years ago

#20

Originally posted by: ashish.sachi
@Kaya : I appreciate your research👏. I fully agree with all your points.

But one point , I think you missed, Indira will have against her if she goes to court ( for claiming Rishi).

She herself wanted Rishi to marry Shweta in her last days. And was also present in their initial though incomplete marriage. ( Video clippings of initial RISHTA Marriage).

So it can easily be concurred that Indira herself wanted RISHTA Marriage , after she is no more.
So unless & untill , it is conclusively proven that Shweta has some hand in Indira's false death , Shweta's case remains impregnanble.

And as Regards Maintainance part , we all know that neither Indira/Zara nor Shweta requires it. They both Earn much more than Rishi ( who hardly earns enough of his own).
rishi can claimed maintenance from them.

according to hindu law to complete the the marriage 7 fere r must . so if that r not completed in case of rishta then this marriage is not legal.

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If Zara is Indira then she is not married to Malik - Page 2

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