What was supposed to be Milsi’s case?

Opti thumbnail
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Posted: 17 years ago
#1

Since Prachi refused to give him divorce, what was supposed to be Milind's case for divorce? One would have presumed it would have been to drag in Prachi's supposed affair to the court. However, the guy looked surprised when the lawyer took this line of argument. No why was that?

I did a little search in the net. The grounds for seeking divorce in India (under the Hindu Marriage Act) need to fit into one or more of the following:

1.Adultery - Milsi definitely could use this given the 100 evidences he claims to have against Prachi to support it. The only confusion is he was upset when the argument was used by his lawyer.

2.Desertion - Well this Milsi cannot use because Prachi just would'nt desert him even if he claims he wants her to leave. The only time she left, she was back in a day.

3.Impotency - After October 15th, he cannot seek divorce on this ground. I understand that sterility can also be included in this. But with Prachi claiming she mothered Ritwik and him believing her, he cannot use this, without it backfiring on him.

4.Chronic Disease - Magno suggested (in another contect) something like Milsi finding that he had some deadly disease (due to mix of medical reports) and leaving Prachi. But getting medical reports which show him suffering from deadly diseases in the middle of the night would be impractical. Even if he did produce such reports, Prachi may agree to live with him nevertheless.

5. Cruelty - This could be a real possibility because cruelty includes both physical as well as mental cruelty. But then arguing that Prachi inflicted mental cruelty without telling in what manner will hold no water in the court. So he has to necessarily bring out the adultery matter to substantiate it.

So at the end of the day, there is no escaping Prachi's 'affair' and the baby through it for after all that is the real reason for the divorce and he will not be able to convincingly any of the others. So why is he annoyed with his lawyer?

Edited by optimist - 17 years ago

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kubare thumbnail
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Posted: 17 years ago
#2

😆 Very good points Opti darling...adn I too was suprosed ...why..he was shocked on his Layer using adultery to get him a divorce...as isn't Milland..asking for Divorce on those grounds...of Prachi having an affair with Neev after marriage and also being a mother of an illegimate child as a result of that affair...😆

Thus....his shock and suprise were just for effect...to make us sympathise with him...😆

Magno thumbnail
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Posted: 17 years ago
#3

Originally posted by: kubare

Thus....his shock and suprise were just for effect...to make us sympathise with him...😆


🤣 I so agree with Krishna. And it's so hilarious when the lawyer barked at him, 'You want divorce or not?! if yes shut up!😆😆

But ahem to play serious... He was shocked at the way the case was presented I think. It was not necessary to ask PL, Dadi, Baba to testify only to insult them all plus Inder, especially when the lawyer has the strong evidences to offer the judge (DNA report is like one of strongest, ultimate evidence in current courts, no?). After getting statements from both Michi the hearing could be continued with only the two lawyers and the judge, where Milind's lawyer gives the evidences. Prachi's lawyer then would have to tell Prachi: 'Sorry dear you have no case, just accept the divorce'. Or 'Are you ready to claim the evidences as false and to have our own DNA test?'. ---- my shallow knowledge from movies and books.

Optimist interesting thread. I didn't know the Hindu Marriage Act before😊

Opti thumbnail
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Posted: 17 years ago
#4
Krishna, I just found out that even for a divorce under mutual consent, they will have to wait for six months within which time one of the parties can withdraw the consent.

Since Prachi has agreed for the divorce now, technically the judge will have to adjorn the hearing for six months before granting the divorce. Not that K-serials have any regard for legal procedures. But there is still hope for Michians if they decide for once to go by the book and show something more realistic. For if the judge adjorns the hearing now that the divorce has changed from a contested one to one with consent, Milsi can go back home and hear that tape or Suki can finally make it to the court and enlighten him. He is free to always withdraw his case any time in the next six months, although I hope we will not have to wait for that long!!!
Opti thumbnail
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Posted: 17 years ago
#5
Magno, I did'nt know it either. In India we have different personal laws for different religions since we are a pluralistic society. Being a Catholic myself all I know is that divorce is not an option for me (not that I want one!). But from what I gather in my limited net searching, divorce is not so easy to get in India. In fact a contested divorce takes 4-5 years on an average to be finalised and one with mutual consent takes atleast a year to be final with provision of recall by either of the parties after six-months of filing.

Not that any of this matters in K-land. They can split and unite couples in a jiffy!
soul76 thumbnail
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Posted: 17 years ago
#6
The guy never wanted it to be taken to court in the first place he did as an act of rage on knowing that Prachi would not consent on divorcing him. Till now he had the whole affair thing under the wraps even though he suspected Prachi of having a relationship with Neev he never said anything regarding that in front of her family. It was only when he thought that she had helped Neev in getting him behind bars was when he insulted her infront of a crowd regarding this matter. True he has been abusive to her but only in privacy he's been physically abusive to her in public but didn't say anything to her untill they were away from the crowd or in their bedroom or over the phone.It wasn't he who displayed the supposed facts of Rhitvik in public it was Ayesha moreso he never wanted anyone to know of his intentions of divorcing Prachi because he feared about his father's ill health.He had decided to resolve it amicably but when she refused he had no other option but to contest the divorce in court because he by that time could not even bear to breathe in the same room let alone live or share it with her.As for him looking surprised the mud slinging was never a part of his way of extracting the divorce from her. True he may have threatened with a tamasha being created but he never instructed the lawyer to stoop to such low levels the reason he look shocked since that was something he never wanted himself.As to what grounds he wanted the divorce on ofcourse was adultery on Prachi's behalf he just didn't know it would turn out so miserable an affair.I believe it's his first marraige and a very first divorce there are bound to be confusions especially when there's a raging battle ensuing between the heart and mind.
pippa thumbnail
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Posted: 17 years ago
#7
Opti, let's hope that Ekta's taken it into her head to educate the masses about the divorce procedures in India....like she does about evey other religious ceremony..where that age old Baa gives lectures about how and why a certain ritual came about.

That way Ekta'll have to stick to facts and we'll have a 6 mth's respite when Michi can get their act together. Of course it shouldn't be that long by EST (Ekta Standard Time!)
Opti thumbnail
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Posted: 17 years ago
#8
Muneeza, you said it dear. This is the first divorce for the poor duffer, just as it is his first marriage and Prachi was the first he was intimate with as we already know from the fact he still believes that she is the mother of Ritwik! So the guy bound to be a confused soul as he has been for the last two months!
pippa thumbnail
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Posted: 17 years ago
#9
But to answer your question....not that it is much of an answer, I think,he just expected his lawyer to say, "Mi laard, my client wants a dievorce (his pronounciation, not a spelling mistake!)so be kind enough to give him one pronto."

And all this with no cross questioning and hauling witnesses to the stand.....for god's sake is this a murder trial or a divorce case?!
And what's with all those hangers on in the background? Who the heck were they?

Besides, only corespondents (ie, those who are specifically named in the divorce papers as the cause for this divorce, namely neev in this case,) are required to appear before the court, naki the whole family. They and friends may appear to bear character witness but only if the spouse contesting the case is aware his/her character is going to be called to question.

Here, I don't think Prachi expected a character assasination on Mils' part. Well, since, the old man was mumbling most of his lines, I don't know whether he set the stage to malign her. If that's the case, Mils should have stood up long before he did to stop the man.

So in short (he he he), Mils, like someone suggested earlier, has no clue how divorces are done, thought it would be an open and shut case. And like u urself said, opti, the man has no clue about the facts of life.
Beats me how he became so successful in life!!
Ryka thumbnail
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Posted: 17 years ago
#10
That is one research Opti👏 If only the Bt creatives knew them😡

The case filed by Michi was on the basis of Mutual Consent. The Divorce papers were already filed with the court on the basis of which the hearing was fixed, the reason being incompatibility. It was only the night before that Prachi said that she will fight the Divorce... so there is no way Milind can go and change his stand and file with another complaint. So Milind legal stand is that he wants the Divorce on Mutual Consent. It is Prachi who refuses to give on Mutual Consent and she is going to fight it when the court is going to ask her if she was ready for the Divorce. And Milind is going to contest Prachi's contention. So Milind's stand is incompatibility and Prachi is going to contest that and the reason that she gives is what Milind is going to fight and get the Divorce. So Milind's legal stand is not the issue... It is Prachi's stand that needs to be scrutinized.

Milind's refusal to state a reason is because he wants a Divorce on Mutual Consent and his lawyer saying that Milind respects his marriage is also proof of the stand that Milind's camp took(or rather was to take).

Now where there was a serious legal logical lapse(nothing new from the BT camp😡) is to ask Prachi the reasons for her fighting the case. I am assuming Milind confusion came from the fact that they had discussed that they will be on the defensive... and not get offensive. It would be Prachi's charges that Milind will defend and not the other way round. But his lawyer took a complete different turn and went on the offensive when he called the Shah family to testify... which left Milind confused on the turn of events... the way the case was being fought was unacceptable to him, but making a very vocal protest against his lawyer would have put his case in jeopardy😕. The turn of events was pretty fast... a matter of 15-20 mins(Sukruti monitoring time) Milind was confused, then he decided he wont let his lawyer go ahead with this, he lawyer told him what was at stake ... he obviously hadnt thought of that... and before he was contemplating what to do... Prachi stood up and said she was ready for the Divorce... her outburst left him stunned.

So according to me Milind's legal stand is Incompatibility and he filed for Divorce on Mutual Consent... having agreed for that before it is Prachi who is backtracking... not Milind. So Prachi needs to have reasons to fight the case not Milind. Milind was supposed to defend those charges... that is why i was asking what are Prachi's reasons to contest the Divorce😕

Edited by Ryka - 17 years ago

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