Legal take:She’s Kasturi Robbie Sabharwal

To all who are speculating on Kasturi's marital status.....

We all know that in TV serial world any thing can happen 😆and be shown but here is short lowdown on marital laws in India.

In India, as a Hindu (which I imagine the Sabharwals, Chawlas and Singhanias are),.....you can get married under the

1. Hindu Marriages Act : Traditional pheras and all........or

2. The Special Marriages Act: Registrar approved marriage

You are encouraged to get your marriage registered with the Registrar even if you have done the pheras.....helps in all legal proceedings later on such as divorce, will, testaments etc.

Now while both laws term a marriage to be valid only if there is no existing marriage that is spouse not alive and not divorced.......the crux is that both laws recognise the second marriage as valid if its done once a spouse is dead, or is believed to be dead and as witnessed by a few people ...

In fact the Indian Divorce Act recognises the concept of presumption of death...meaning if a person having disappeared or abandoned the spouse does not turn up for 7 years ...the law presumes this person as dead and grants rights to the spouse to re-marry.

All these provisions are not only to protect fake death kind of scenarios but even bigger social ills in India such as dowry deaths (people faking death of spouse and then re-marrying) or more importantly the protection of offsprings (children) from second marriage.

Thus if in the eyes of society and the law .......there is a death .....that is people have seen the mortal remains of the person, there was a funeral and all............the other spouse is free to marry.....and therefore the second or subsequent marriage is the valid marriage under tha law.....irrespective of what happens later on.......

There are case laws in India to support this and especially so the rights of women in such cases....coz a lot of women have been victims of bigamy and dowry deaths.

So....in the story's context....in fact Raunak will kulhadi marofy on his leg if he ever files a case of bigamy against Kasturi......coz there was every reason to believe he was dead...in fact the Indian police cremated him!! police officers were present......before witnesses.....and not to mention the fact that his ashes were delivered, and accepted by his family at that time.

So irrespective of what BT tries to show us now......legally in India.....for all practical purposes.....Kasturi is now Ms Kasturi Robbie Sabharwal.😊

Hope this helped.

Regards

JW😊

Yes, legally and emotionally she is Kasturi Robbie Sabharwal

thnxxxxxxx 😃 u made me feel better... 👏 good research...da extent we go 4 Roka 😆

neways lookin at yesterday epi i dont think dey will question validity of Roka marriage...but dat Raunak would want her bak...Devika i could shoot u 😡

n coz Robbie took kasem on da manglsutra proves dat he accepts her as his wife n not Raunak 👏 👏

Jw: Thanx for the info on this. I am obviously not a legal expert but as far as my interpretation goes, the moment the first hubby turns up the wife needs to get a divorce from the first hubby to validate her second marriage. It is more of a legal paperwork formality to protect her interest in the future.

As far as the story goes, this is where kasturi is facing a twin edged sword cos she cant get raunak to sign the divorce papers cos as per medical opinion he has amnesia and at the time of signing of any legal document the signatories' mental health is also taken into account.

Secondly, she cant push for a divorce cos again as per medical opinion raunak is to be spared Mental Ishtress cos of his delicate condition😕. Makes u wonder kitne donation mein medical seat kharida hoga😡😡😡 So the family spearheaded by Singhanias and surprise surprise with devika's support will hound kasturi if she pushes for divorce cos of raunak's supposed health condition.

This gives BT an excuse to separate roka for another 3 weeks / 3 months.

No body is doubting that she is Kasturi Robbie Sabharwal, but there is just a legal formality vis a vis her first marriage that probably needs to be taken care.
of.

P.S. - I think we all would be hoping that raunak does maarofy himself with that kulhadi in the coming weeks if what i think will happen does happen.

shwetha

@JW thanx for clarifying that point .... atleast makes me feel better 😃 ... dont know though what the creatives have in store for roka 😭 😭 😭

Fari

@Shwehaaaaaaaaaaaaaaaaaaaaaaaaaa
yaayyyyyyyy 🤗

Seriously yaar India mein aisey doctor bante hai to taklefffffffffffffffffffffffff hoti hai...coz God knows how many deserving kids were dropped por "mujhe lagta hai"..... quack.😆

Waise serial ki kisko padi hai yaar...goli maaroo 😆 😆 ....joke was ek aadmi ne bhi nahi poocha ki jisko cremate kiya woh kaun tha 😆 😆 .....I think the creatives think the viewers are veggies ...kuch bhi dikhao. 😆

well kya karu I am guilty of watching this crap too...though for pure pankha reasons😆....jab tak Karnoo hai dekho...

I saw people getting exited about the marriage thing so wrote that....I think the positin is that when the first spouse returns the first marriage is void or annulled.....

Though if a divorce is needed then its a long shot Kasturi will ever get it.....and the reason you gave sounds logical 😳 😳

If you ask me the only person I am feeling bad for now is Robbie.....coz we all know that madam to do-teen mahine pehle alag hi jaap jap rahi thi 😆 ....yeh bechaara lekin shuru se maraaa hua hai 😭

I really felt bad for him yesterday yaar 😭 ...with a mother like that, an extended family like that, a ever position altering GF/ wife like that ....who really needs enemies ....kya kismat paayi hai bechaare ne

Well i can say only one thing after reading ur post and other's opinion here..
first thing is BT never cared about law and any logic in their serials..as per ur put i hope BT atleast raise a point of law which u mentioned istead of creating one more nonesence twist to grab TRps
..and on the otherhand no one asked Raunak nor raised the point ..how come Raunak returned from death?..is he Raunak or Someone else? 😕 ..no one ..no one..so abvoiuslY Kasthu knows the fact that Raunak alive..so she is in shocked mood of his expecting life turned out like a mess....don't know what exactly BT have store for us.
nice post .. 😊

@Jw: I know , i really felt bad for him too. And face it if devika hadnt pointed out that raunak might want kastu back, i doubt that it had crossed anyone's mind. I mean be it the families or heck even raunak recognise that kasturi is now robbie's wife.

So like i said, 3 days of happiness for any couple and tadaaaaaaaa comes separation, BT style 😡 😡

shwetha

Well, I know that but the thing is that Ekta;s writers really needs to know this. There isn't even one reason why the Saberwals are giving Kasturi back to Raunak. 😭

WOW... first of all have to say amazing research... really well done... n second yayyy im sooo ahppy shes legally mrs. kasturi robbie sabharwal, dats really kool!!!!