love of a husband vs sister drowning in thaughts of betrayal - Page 9

Originally posted by: malikakas

👍🏼

I guess for me the point that its a voidable marriage make the whole thing a bit iffy.

As an aside I'd like to believe the courts are sensitive to cruelty towards women. Naina fell into the trap of societal pressure as she was afraid to deal with her sister's marriage breaking and the societal ramifications of that. She was afraid that if Meghna's doli went empty that no other doli would ever leave their house. Fear of of societal ostracization based on patriarchal ideals.

So in this circumstance how do you determine whether "force" is still active (this is a genuine question form my end) . Can we say that she now has free and clear ability to walk away or are the same forces that pushed her into this marriage still active? Can the courts say for sure that Nk wouldn't kick out Meghna if Naina left the marriage (putting them in a worse situation than when Naina first had to make the decision).

If she goes to court saying that she wants the marriage declared invalid, then they will look into it. The element of her choice is important. The legitimacy of the marriage legally though is not affected or in question till then. Its as valid as any other normal marriage.Morally is a different question, thats what is going t o lead to the angst in the track. 😆

They will definitely give her relief. But there is a reason they are more strict on terms of voidable marriage than something like a divorce. If the marriage is declared invalid, its as if it never existed. So no rights or liabilities are there towards each other.Complensation also not much you can give. The provision can be used to leave women destitute. They would be left without anything. However, in a divorce, the marriage did happen and is now dissolved. So alimony, maintenance etc can be provided. So its actually for the bbenefit of women only. Maybe Naina does not need that benefit but they will not relax standard of rules because that sets the thing open for misuse by others. Hence a lot of room will not be given on its interpretation. Naina will definitely get relief, if she wants. Its a question of what legal instrument actually. It will be easier to get a divorce.