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I have many complaints with the story right now, many complaints with Vividha's characterization but keeping all that aside for a moment, we need to understand the heinousness of Kailash's crime.
What Kailash did to Vividha and Atharv, or at least attempted to do is called Honour Killing.
Supreme Court of India describes Honour Killing as the 'rarest of rare' crimes and prescribes CAPITAL PUNISHMENT aka DEATH SENTENCE for the perpetrators.
So in all probability if Atharv dies today and IF Kailash goes scott free, it will be a great miscarriage of justice.
In the eyes of law, the punishment for Kailash is death penalty or at the least, a life sentence.
Right to marry someone by one's free consent is a person's basic fundamental right and forcing someone to marry by using threat, coercion or physical violence, or threat of murder, is a violation of human rights.
And that's exactly what happened with Vividha.
Now you might ask, if Vividha's marriage to Ravish is a violation of her own fundamental right, then how can such a marriage hold any sanctity in the eyes of law or religion?
The answer is it DOES NOT. Vividha's marriage to Ravish is a sham marriage. Her marriage to Ravish is not void per say, but at her own choice, her marriage to Ravish is legally voidable. That means the circumstances under which she got married makes the marriage a voidable marriage which can be annulled under the Hindu Marriage Act , by the simple act of Vividha filing an annulment petition. It's similar to Child marriage, the practice of child marriage is illegal but the marriage itself doesn't stand void. A child marriage is voidable and the marriage can be annulled within two years of the childbride/groom reaching age of majority.
So it's completely Vividha's choice, if she wants she can file an annulment petition within one year of marriage because her marriage involved force using threat of physical harm , and attempt to murder.
So no, Ravish and Vividha's marriage is not perfectly legal or 'legit'. Her marriage to Ravish can be made illegal and unlawful, AT Vividha's own choice. The ball is in Vividha's court.
Kailash deserves to face criminal prosecution, and this case will only surface if Vividha takes legal steps to get her marriage declared illegal under Indian law, by the procedure of annulment. For the court to grant her annulment, Vividha has to prove what happened to Atharv and under what circumstances she agreed for the marriage and if these facts come to light, Kailash and Ankit will face severe punishment for Honor Killing/ attempt to Honor Killing. A long prison sentence or possibly even a life sentence.
Vividha isn't aware of the fact that Kailash didn't honor their 'sauda'. He tried to kill Atharv even after Vividha agreed to marry.
Therefore the sauda already stands broken. Right now, only Sujata knows that Ankit fatally beat up Atharv after Vividha left the scene.
Now the big question is, what will happen when Vividha gets to know that?
After knowing the truth, if Vividha doesn't report Kailash and Ankit to the authorities , it will be a serious character assassination of Vividha. Not that she can't report her dad to the police right now, she definitely can but is probably keeping quite in the hopes of keeping Atharv alive.
Her knowing the truth will give her all the reasons to break away from this sham of a marriage and get it annulled.
I'm waiting to see if the creatives of this show address the implications of a serious issue like honor killing and forced mariages. In many villages of north India, such practices are rampant. Today we haven women's helplines and legal aid to help such women who are victims of forced marriages and honor killings.
I hope the CVs understand that the marriage they showed in the show isn't a typical 'forced marriage' which we see in most our Hindi shows. The marriage and the Honor killing attempt shown in JNDSD is a violation of human rights and faces severe criminal prosecution by law under Indian law.
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