wat kind of mother archana is? - Page 16

Originally posted by: Kalapi

Janhvi...I am truely confused...What Savita did was an intent to separate the couple...it didnot amount to neither physical injury nor the 'know' destruction of Property, that is 'will' according to your post. The divorce if it go thru, would go thru with the standard alimony...no nothing as she knowingly stopped Manav from giving 'alimony", right? So, to me (a layman) the offense is minimal, not as you say a life sentence...besides, the fact, that they lived separately and tried to divorce before, will probably prove that the couple isn't compatible together?? So, at least, the way I see it, it is a fraud (as the trial will be be India) and maybe a 2 yr jail time...

The other question is, with the excellent lawyer that Manav could provide, how easy will it be to prove forgery and even that Sachin was involved...no eyewitnesses, Right??/

Kalapi and Jhanvi, just wanted to put in my two cents :) We're forgetting that Archana knew about the forgery, obviously, and supported it. When the person's signature you're forging supports you saying it's theirs, it's not forgery anymore. I mean, ethically it still is. But legally and technically, is it? If, somehow, they can prove that the signatures were forged; Archana would be sentenced too for supporting forgery just the same as Sachu. Sulo and Purvi will be reprimanded because they knew about it, but didn't do anything. But archu will be punished because her's was the signature that was forged. That brings me to another point. I vaguely remember the current papers being signed by Archana, not the forged ones by Savita. Wasn't there an episode where Sachu got them signed from them both saying they needed them for something? I don't remember-- like I said, it's very vague. There are so many papers involved that it's easy to lose track 😆

Kalapi and Jhanvi, just wanted to put in my two cents :) We're forgetting that Archana knew about the forgery, obviously, and supported it. When the person's signature you're forging supports you saying it's theirs, it's not forgery anymore. I mean, ethically it still is. But legally and technically, is it? If, somehow, they can prove that the signatures were forged; Archana would be sentenced too for supporting forgery just the same as Sachu. Sulo and Purvi will be reprimanded because they knew about it, but didn't do anything. But archu will be punished because her's was the signature that was forged. That brings me to another point. I vaguely remember the current papers being signed by Archana, not the forged ones by Savita. Wasn't there an episode where Sachu got them signed from them both saying they needed them for something? I don't remember-- like I said, it's very vague. There are so many papers involved that it's easy to lose track 😆
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Kalapi, the intent of Savita's forgery was to cause harm, Archana was harmed because of the forgery (even if Savita claims unintentional harm). Archana lost conjugal rights,, she lost comfort/monies she was entitled to (not alimony but her husband's earnings which she could have enjoyed freely as a wife), her children's growing up years (priceless to any mother) and Savita carried it on for 18 years. However, good a lawyer Manav finds, Savita would still be punished, to what extent would depend on the legal representation. Mental trauma claims are the biggest $ milkers as the jury can be swayed either way and there is no objective way to quantify one's stress inspite of medical testimony. At work, we try to settle out of court on most of those suits for that very reason.

Sowmya, keeping mum about the forgery would not tantamount to the same degree of punishment, Archana was not an accessory after the fact to murder or embezzlement. The forgery was not done with her consent, she just kept quiet about it, the law would be lenient on that. Subsequent signatures on court papers would not negate the originl crime in any way so Sachin would not get off the hook. Excellent point though.

Kalapi & Sowmya, after these posts, I was sorely tempted and called my attorney friend. 😕 Here is her take on it (again this is US law) and my disclaimer is she does not have all the convoluted facts about PR

1.There is a statute after one finds out that there has been an instance of forgery, usually 1 to 3 years so Archana would be out of luck for keeping mum only if the statute has passed. If it has not passed, she could still report the forgery, it is a class 1 felony. Conviction is in state prison not just jail. If the forgery is committed on the internet, it is to Federal Prison that the person is hauled off to! The State can also order restitution (monetary) to be paid to the injured party, to the state itself (for expending time and money on the trial), etc., in addition to jail time for the culprit.

2. Injured party in addition to bringing a criminal suit can file for civil damages and since these are punitive damages and the judgment is at the judge's and jury's will, there is no ceiling to the amount awarded. Always go for punitive damages was the advice!!😆

3. If it is a state like CA which is a no fault state, the forgery in itself will not stop the divorce proceedings if the other spouse still wants it, nothing one can do to stop it. If the forgery is discovered after the divorce, the divorce could become null and void but again would not stop the spouse wanting the divorce from filing for one all over again.

Janhvi...In particularly USA, mental trauma claims are given much more importance than that given in India. I am not saying that it shouldn't be, but I don't think we should be comparing the 2 systems and juxtapose the US system on to India...it is gravely wrong, since India is far behind on that aspect. Even in a normal divorce claims, the alimony claims of a wife is only the modest amount that her husband lived with her or she needs to survive, or something to that effect. So, I feel proving a forgery with calculative harm on the part of Savita, might be hard to prove, esp. in the light of the fact that Manav could probably prove that Archana marriage itself was pretty shaky before leap...it will be subjective at best I feel...I am wondering, if there are any Indian lawyers in the forum, who could care to shed some lights on the issue...

Anyway, I still do not get how Sachu can be implicated in the act of forgery. He could simple claim innocence of not knowing the signatures were forged. How could one prove he was in the same room, when it was committed or he said it was OK for Savita to sign, the papers?? He himself did not commit the act...to me, his part is even harder to prove...

So, I guess, the conclusion is when Purvi tries to influence judge for personal gains or go on Union strikes or destroy company properties...it is Ok😆..not much to it...how convenient...because she is doing so for Archu darling🤣...

Kool, I'll have to do some digging to find that out. Jhanvi told us what happens in the US, but I'm pretty sure laws are different in India. Btw, I just read the BU. How the heck did it go from Archana asking Manav for a divorce to him telling her he's giving her a divorce? How did that train go from point A to opposite point B but apparently with the same destination?