Originally posted by: RamnVij
@ Random Squared & Indi52
As I mentioned in an earlier post, I found the discussion on this thread very refreshing and a good read. Please excuse me if I am interjecting here to make a few points, but I felt they were relevant to the discussion.
Please allow me to put forth a legal standpoint on the validity or rather, lack of it, of their Feb 17 'wedding'.
I've seen some posts earlier which talked about this earlier 'marriage' as being before God, Fire and while Mantras were being chanted. Firstly, if I remember the episode right, there was no priest officiating, the mantras were merely the background score intended to boost the dramatic sequence of the scene.
I am willing to stand corrected if my recollection is wrong, but my memory of this episode is, that Arnav and Khushi were alone in the temple. There was no one chanting any mantras.
Secondly, saying that the previous 'wedding' is valid because the mangalsutra and sindhoor were 'given and accepted' is to gloss over the fact that Arnav forced Khushi into the act. Blackmailed her with the threat of breaking off her sister's wedding!
Coercion negates consent given for any agreement- whether it is agreement to marry, agreement to contract, anything at all, really. Its a well known principle of law.
Now comes the legal part. Yes, we are shown that Khushi considers Arnav her husband, and Arnav considers Khushi his wife. But is this all that is needed? Don't they need a marriage valid in the eyes of the law and society? If this was not so, why does Khushi still feel (correctly, if I may add 😊) that their previous 'marriage' was incomplete?
I'm afraid if you look at the provisions of either the Hindu Marriages Act, or the Special Marriages Act, the 'wedding' of 17th Feb was not valid.
The Hindu Marriages Act, from what I have read, specifically mentions the Saptapadi and states that the marriage becomes valid and binding after the 7th step is taken- No such ceremony was ever done.
The Special Marriages Act (which, apart from the Hindu Marriages Act, can govern Registered Marriages)- also imposes certain rules such as giving notice of intended marriage, saying the marriage vow before the marriage officer registering the same, presence of 3 witnesses etc. None of these were ever done!
Practices like gandharva rites etc do not hold any force now after the enactment of these laws.
So the law is quite clear on this point- their earlier 'wedding' was not valid.
Also- just one more point. Having a wedding with all traditional rites and rituals need not be a 'Big Fat Indian Wedding' where money is thrown about in a crude, garish manner..Isn't is possible to have a traditional, tasteful wedding without it needing to be a hush-hush affair? Most of us get married this way, right? 😊
We are always told that Khushi's character had dreams of a traditional, colorful wedding with all the attendant functions and gaiety. What is so wrong if they get married in this manner? Doesn't have to be a crude display of wealth, right? If Arnav is shown as a man willing to give this to the woman adores, because he knows she always dreamed of this, is that something so wrong?
hi ramnvij,
thanks for entering the discussion. hmmm many points here.
since i am not a lawyer and haven't any legal training, can't say anything with utter certainty, have relied on my little reading on the net. as i mentioned, this included wiki, a site on hindu marriages and a site run by legal experts.
in fact i wished to quote a lawyer's opinion from the legal site, but couldn't register and didn't wish to quote without permission. a similar situation of a temple marriage was under discussion. must say, found it most interesting.
what i could understand from there was that now, all eight methods of hindu traditional weddings are considered valid even the gandharva under certain circumstances (initially, three methods including the gandharva were not approved of, but that changed over the years, and nowadays a lot of people are preferring gandharva norms since it doesn't have a kanyadan, amazing isn't it?). certain evidence or opinion regarding a wedding's validity are given weight: photographs, a long enough period of cohabitation, acceptance by family and neighbours, etc. should anyone challenge the legality of the marriage, the onus is on that person to prove it. the law tends to judge in favour of preserving the marriage, not breaking it.
as i said, i cannot state anything with utmost certainty.
but the question here is not about the legality. that can be solved in a moment with a registration. and asr has mentioned legally wedded wife a couple of times, hasn't he? maybe he knows something we haven't been shown.
you are right when you say she was coerced. but we also saw the change in their relationship in the six months thereafter. she came to believe she was his patni. so i guess, if khushi is willing to forgive asr and cross a line, so am i. frankly, i was amazed by the beauty of this girl's reaction when she finally found out why she had to go through that wedding.
first, her absolute anger. so justified. then her love coming and making her feel his pain. this is the unusual and deep exploration of love that keeps me watching ipk.
later her mature soliloquy on how some relationships start with hatred, the hatred keeps growing, yet something an indescribable feeling grows in it too. and at a point you want to give that a chance.
well, khushi and arnav fell deeper in love in the middle of all the struggles and trouble of those days. both came to view the other as a life partner.
problem started when he mentioned the contract. he said it in a bid to stop her from leaving. yes that fight and his accusations regarding shyam had hurt her badly as they should. she was ready to leave. his sorry didn't work, he mentioned the contract. it angered her, very very understandably. she left.
she even told him, what marriage, this is no marriage, during the last fight they had.
but then he brought her back. and after that stupid kurta incident they began to connect again.
in fact, she referred to herself as his patni just before she went to wear her gift from arnav.
she is still wearing her mangalsutra and sindoor. if she is not married, a bit strange wouldn't you say?
i have no problem with a recommitment or exchange of vows before the family. in fact, we have spoken of it in other threads. some sort of acknowledgment that that wedding was forced or not really how either thought their wedding would/should be ought to be part of the story. not arguing with that.
there were no purohits that night, but the mantras were chanted. in my eyes, and looks like khushi and arnav's eyes it still remains a marriage. which is why i am bothered by another full fledged wedding. then take off the mangalsutra and sindoor. less ambiguous, i will learn to accept it.
this way, doesn't seem right.
and anyway, seems done with rituals or not, most states in india will legally accept a marriage only if it is registered.
this is a discussion. i do not wish to change anybody's position on this. just placed my point of view. perhaps not too clearly, because nothing is very clear here. thanks so much for joining in.
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