Remarriage in terms of law

I have a question. I am sorry if I am talking nonsense. Please, bear with me and kindly forgive me🙏 It bothers me since Kareena has suggested this dusri shaadi for Karan.

The fact is that I am not from India. Neither I am Indian nor hindu. I am orthodox christian and we have really different rules and traditions here. And I am going to ask the question with all the respect to Hinduism and hindu people. I am asking this just out of lack of knowledge.

So the question... Is this legal to marry someone else if your marriage was not registered at court and there was only a hindu ceremony? How come they all are talking about dusri shaadi as if there is no Karan-Preeta shaadi at all?

I am not talking about moral side of things. I am asking in terms of law. Is it legitimate what they want to do? Does a hindu marriage without the marriage certificate have any value?

At first I was shocked when Kareena came up with this remarriage idea. But she is evil and I don't expect her to be good. I was shocked even more when other people at the show didn't find it impossible and accepted it as a usual thing. Then I thought that I might have no specific knowledge about the hindu traditions and the indian law and maybe they are right in terms of law.

Please, clarify this for me 🙏

since marriage has solemnised as per hindu rituals it is valid marriage .

the marriage is not null and void on grounds that marriage is not registered .

One cannot remarry during subsistence of earlier marriage.

if husband remarry during subsistence of earlier marriage the wife can file case of bigamy against the husband.

Originally posted by: _Runa_

I have a question. I am sorry if I am talking nonsense. Please, bear with me and kindly forgive me🙏 It bothers me since Kareena has suggested this dusri shaadi for Karan.

The fact is that I am not from India. Neither I am Indian nor hindu. I am orthodox christian and we have really different rules and traditions here. And I am going to ask the question with all the respect to Hinduism and hindu people. I am asking this just out of lack of knowledge.

So the question... Is this legal to marry someone else if your marriage was not registered at court and there was only a hindu ceremony? How come they all are talking about dusri shaadi as if there is no Karan-Preeta shaadi at all?

I am not talking about moral side of things. I am asking in terms of law. Is it legitimate what they want to do? Does a hindu marriage without the marriage certificate have any value?

At first I was shocked when Kareena came up with this remarriage idea. But she is evil and I don't expect her to be good. I was shocked even more when other people at the show didn't find it impossible and accepted it as a usual thing. Then I thought that I might have no specific knowledge about the hindu traditions and the indian law and maybe they are right in terms of law.

Please, clarify this for me 🙏

First to your question regarding as per Hindu law and as per law also it's not valid....they can't marry again without taking divorce....even Hindu marriage also not gives permission....but as you know EK’s shows only consider law and situations as per their requirements so that's why....Kareena the idiot come up with this idea.....this is only either triggering Karan’s feeling towards Preeta...tiggering again KDB fans patience to how much they can actually bear....I am telling you if this type of mess they will shown in future I will definitely Gonna quit ....bcoz whole this current mess still very patiently bearing with the hope of PREERAN will be together...but this Mahira track is too much to ask.....from fan like us....I can’t take anotherAbhi-Pragya-and that vamp track in KDB

Originally posted by: kiran44471

since marriage has solemnised as per hindu rituals it is valid marriage .

the marriage is not null and void on grounds that marriage is not registered .

One cannot remarry during subsistence of earlier marriage.

if husband remarry during subsistence of earlier marriage the wife can file case of bigamy against the husband.

Thank you very much for the clarification!

That means this Luthras not only have a low moral but they are lawbreakers. They are even more disgusting then I thought 🤦🏻‍♀️

Kareena, Rakhi, dadi, Mahira. Kareena is Kareena and Mahira is Mahira. I have no question to them. They are supposed to be selfish. But Rakhi and dadi agreed with this idea of the remarriage! They are so traditional and seemed to be so decent and fair! Now their decency looks like a high point of hypocrisy.

Originally posted by: aisha_aashi

First to your question regarding as per Hindu law and as per law also it's not valid....they can't marry again without taking divorce....even Hindu marriage also not gives permission....but as you know EK’s shows only consider law and situations as per their requirements so that's why....Kareena the idiot come up with this idea.....this is only either triggering Karan’s feeling towards Preeta...tiggering again KDB fans patience to how much they can actually bear....I am telling you if this type of mess they will shown in future I will definitely Gonna quit ....bcoz whole this current mess still very patiently bearing with the hope of PREERAN will be together...but this Mahira track is too much to ask.....from fan like us....I can’t take anotherAbhi-Pragya-and that vamp track in KDB

I won't be surprised if they would make Karan almost marry Mahira and someone or something would stop it at the mandap only.

@bold - They won't be together. Abhigya are in their 60s and still are separated. Same would be here I guess.

And this Mahira track! 🤦🏻‍♀️ They did same thing as in KKB. Tanu intentionally came in the house with Abhigya after their shaadi. And she was there until the 20 years leap! Now Mahira came in the house with Karan and Preeta after their shaadi. And she wasn't only near by them. She was between them! It's a sign from the writers. Mahira will be there for a long time.

preeta has to file case against karan in court only then law can do something. how can any law forbid karan from remarriage if preeta herself does not want to be his wife?

i doubt if divorce is applicable to a marriage which isnt even registered.

Originally posted by: _Runa_

I have a question. I am sorry if I am talking nonsense. Please, bear with me and kindly forgive me🙏 It bothers me since Kareena has suggested this dusri shaadi for Karan.

The fact is that I am not from India. Neither I am Indian nor hindu. I am orthodox christian and we have really different rules and traditions here. And I am going to ask the question with all the respect to Hinduism and hindu people. I am asking this just out of lack of knowledge.

So the question... Is this legal to marry someone else if your marriage was not registered at court and there was only a hindu ceremony? How come they all are talking about dusri shaadi as if there is no Karan-Preeta shaadi at all?

I am not talking about moral side of things. I am asking in terms of law. Is it legitimate what they want to do? Does a hindu marriage without the marriage certificate have any value?

At first I was shocked when Kareena came up with this remarriage idea. But she is evil and I don't expect her to be good. I was shocked even more when other people at the show didn't find it impossible and accepted it as a usual thing. Then I thought that I might have no specific knowledge about the hindu traditions and the indian law and maybe they are right in terms of law.

Please, clarify this for me 🙏

This is a tough question...... A LOT of people have answered it and absolutely none of them are wrong, but I haven't seen (YET) an answer that discusses the whole truth either.

The circumstances in which Karan has married Preeta make his marriage 'voidable' under the law. (As in divorce not being necessary but a simple annulment should be enough to make the marriage void) Although, some might argue that the moment Karan asked Preeta post the wedding and she acknowledged the wedding the marriage was legally binding. However, the way in which Karan left Preeta in the middle of the road and directly affirmed the 'real' intention behind his marriage, the marriage again became legally voidable.

So the point I am trying to make is that up until 1956 polygamy was completely lawful under the system that prevailed on Hindu marital discourse in India, in fact it is STILL LEGAL (as in Bigamy) among certain groups in Goa, as well as completely legal among Muslims in India (men are allowed to have four wives at a time).

If we take 'legality' as sole base for consideration the primary and essentially only people who would essentially make this marriage legal is technically 'Preeta' alone. Considering the marriage HAS NOT been registered is NOT the factor of consideration for remarriage, but the factor of consideration is the ACCEPTANCE of this marriage by the 'bride' (mostly because she is the party who has been the victim of the fraudulent wedding, and the misrepresentation afterwards). UNLESS AND UNTIL the 'bride' (Preeta) actually accepts the marriage and WANTS to enforce her rights as a wife in a court of law or in the abode of her 'groom', this marriage will legally remain voidable and 'technically' Karan can remarry.

Originally posted by: _Runa_

I have a question. I am sorry if I am talking nonsense. Please, bear with me and kindly forgive me🙏 It bothers me since Kareena has suggested this dusri shaadi for Karan.

The fact is that I am not from India. Neither I am Indian nor hindu. I am orthodox christian and we have really different rules and traditions here. And I am going to ask the question with all the respect to Hinduism and hindu people. I am asking this just out of lack of knowledge.

So the question... Is this legal to marry someone else if your marriage was not registered at court and there was only a hindu ceremony? How come they all are talking about dusri shaadi as if there is no Karan-Preeta shaadi at all?

I am not talking about moral side of things. I am asking in terms of law. Is it legitimate what they want to do? Does a hindu marriage without the marriage certificate have any value?

At first I was shocked when Kareena came up with this remarriage idea. But she is evil and I don't expect her to be good. I was shocked even more when other people at the show didn't find it impossible and accepted it as a usual thing. Then I thought that I might have no specific knowledge about the hindu traditions and the indian law and maybe they are right in terms of law.

Please, clarify this for me 🙏

This is tv serial a LOT of absurdly stupid things happen. 🤣 BUT, in order 'to get justice, one must first seek justice'. Sitting at her house and wearing sindoor and mangalsutra but not ACTUALLY seeking any legal solution to her circumstance will not work out for the marriage between Karan and Preeta, because registration or not the wedding between Karan and Preeta as well as the wedding between Rishabh and Sherlyn are voidable under the law. Both the weddings fulfil the grounds for annulment under the law, so the makers can SHOW ALL sorts of stupid things, if they want.

Originally posted by: TheM5393

This is a tough question...... A LOT of people have answered it and absolutely none of them are wrong, but I haven't seen (YET) an answer that discusses the whole truth either.

The circumstances in which Karan has married Preeta make his marriage 'voidable' under the law. (As in divorce not being necessary but a simple annulment should be enough to make the marriage void) Although, some might argue that the moment Karan asked Preeta post the wedding and she acknowledged the wedding the marriage was legally binding. However, the way in which Karan left Preeta in the middle of the road and directly affirmed the 'real' intention behind his marriage, the marriage again became legally voidable.

So the point I am trying to make is that up until 1956 polygamy was completely lawful under the system that prevailed on Hindu marital discourse in India, in fact it is STILL LEGAL (as in Bigamy) among certain groups in Goa, as well as completely legal among Muslims in India (men are allowed to have four wives at a time).

If we take 'legality' as sole base for consideration the primary and essentially only people who would essentially make this marriage legal is technically 'Preeta' alone. Considering the marriage HAS NOT been registered is NOT the factor of consideration for remarriage, but the factor of consideration is the ACCEPTANCE of this marriage by the 'bride' (mostly because she is the party who has been the victim of the fraudulent wedding, and the misrepresentation afterwards). UNLESS AND UNTIL the 'bride' (Preeta) actually accepts the marriage and WANTS to enforce her rights as a wife in a court of law or in the abode of her 'groom', this marriage will legally remain voidable and 'technically' Karan can remarry.

OMG, it is a tough question indeed!

Thank you for the answer.

That means that the Luthras are not completely wrong (in terms of law). If they don't want Preeta as a bahu they must hurry up and get Karan married again until Preeta is silent. They actually can consider this option to avoid unwanted marriage.

Anyway, in terms of moral it is still disgusting.

Originally posted by: RishabhXPreeta

This is tv serial a LOT of absurdly stupid things happen. 🤣 BUT, in order 'to get justice, one must first seek justice'. Sitting at her house and wearing sindoor and mangalsutra but not ACTUALLY seeking any legal solution to her circumstance will not work out for the marriage between Karan and Preeta, because registration or not the wedding between Karan and Preeta as well as the wedding between Rishabh and Sherlyn are voidable under the law. Both the weddings fulfil the grounds for annulment under the law, so the makers can SHOW ALL sorts of stupid things, if they want.

Of course, I do understand that this is the show only and they may do any nonsense they want. But still I am curious how much legality is in this scenario of the remarriage. And I am very grateful for the answers to all the people here.