Was the court Marriage real? - Page 3

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lovereading14 thumbnail
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Posted: 3 years ago
#21

Originally posted by: handlerxsaviour

But that gunpoint marriage wasn’t legally registered at any point, was it? If it wasn’t, then the entire point of validity and annulment is moot. Because civil law takes precedence over religious law in secular countries, it’s mandatory that the marriage be registered under civil law to be recognised. Unless India has a dual legal system (but in this case, it’s a marriage by Hindu law anyway, which still requires registration), or they were Muslims married by Shariah law (it’s my understanding that Shariah law still takes precedence over civil law in a few countries, including India), or they were married in a country that recognises marriages by religious law. By this reasoning then, Malini is formally his first wife.


exactly my question... just explained better! thanks 😆

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Posted: 3 years ago
#22

As per Hindu marriage act adi.lie were married unless they seeked annulment is what I'm saying.

If the whole gunpoint scenario didn't exist, they just married without registration it will still be valid no?

Only because of the gun point thing it becomes voidable.

handlerxsaviour thumbnail
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Posted: 3 years ago
#23

Originally posted by: SundariP

As per Hindu marriage act adi.lie were married unless they seeked annulment is what I'm saying.

If the whole gunpoint scenario didn't exist, they just married without registration it will still be valid no?

Only because of the gun point thing it becomes voidable.

It still wouldn’t be, actually. Because Hindu law still mandates the registration of the marriage for it to be considered legally valid, AdiLie’s marriage is void for both this and the gunpoint situation. Had it been registered however, then them mutually accepting that marriage afterwards, could have negated the gunpoint situation and made it valid.
Edited by handlerxsaviour - 3 years ago
lovereading14 thumbnail
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Posted: 3 years ago
#24

Originally posted by: SundariP


Arre hindu marriage act ke hisab se marriage hai, fera + sindoor + witness, no need to register in the territory of India


okay you made me search up an read about the act...


You are right. According to the law a(Hindu marriage conducted according to the given criteria in the constitution) need not be registered to be considered valid. However, in order for the marriage to be no longer considered operative a divorce or annulment is necessary.


HOWEVER, and this is the important however. In the eyes of the law, a marriage conducted without consent of either one or both parties or done by any kind of force such as at gun point is considered void in the eyes of law.


So according to the law of India... Aditya was not married to Imlie when he married Malini. Since that wedding happened at gun point it was void. Hence his marriage with Malini was actually his first lawful marriage and she is his first lawfully wedded wife.


His first marriage with Malini was his first social and legal marriage. Malini in the eyes of the law is Aditya's first wife.


Actually I don't think Imlie and Aditya at any point were lawfully married. Since the furniture tod shaadi does not follow all the given criteria of the Hindu marriage act either.

lovereading14 thumbnail
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Posted: 3 years ago
#25

Originally posted by: SundariP

As per Hindu marriage act adi.lie were married unless they seeked annulment is what I'm saying.

If the whole gunpoint scenario didn't exist, they just married without registration it will still be valid no?

Only because of the gun point thing it becomes voidable.


that's the thing, the gun point thing made it void and apart from that the never really had a customary marriage so the were never recognised as husband and wife in the eyes of the law.


First marriage was void because of guns

Second (furniture tod shaadi) is void because it does not satisfy the criteria of the Hindu marriage act.

handlerxsaviour thumbnail
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Posted: 3 years ago
#26

Originally posted by: lovereading14


okay you made me search up an read about the act...


You are right. According to the law a(Hindu marriage conducted according to the given criteria in the constitution) need not be registered to be considered valid. However, in order for the marriage to be no longer considered operative a divorce or annulment is necessary.


HOWEVER, and this is the important however. In the eyes of the law, a marriage conducted without consent of either one or both parties or done by any kind of force such as at gun point is considered void in the eyes of law.


So according to the law of India... Aditya was not married to Imlie when he married Malini. Since that wedding happened at gun point it was void. Hence his marriage with Malini was actually his first lawful marriage and she is his first lawfully wedded wife.


His first marriage with Malini was his first social and legal marriage. Malini in the eyes of the law is Aditya's first wife.


Actually I don't think Imlie and Aditya at any point were lawfully married. Since the furniture tod shaadi does not follow all the given criteria of the Hindu marriage act either.

Wasn’t this criteria changed by the Supreme Court in the late 2000s though?
Edited by handlerxsaviour - 3 years ago
Param-Sundari thumbnail
Posted: 3 years ago
#27

Jaane do bhai ITV konse laws follow karta hai. 😂

At least adini 2.0 and arylie are valid marriages that's all I care about.

Mujhe adi.lie se koi matlab nahi hai, that relationship was distasteful for me from start to end. 😐

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Posted: 3 years ago
#28

Originally posted by: handlerxsaviour

Wasn’t this criteria changed by the Supreme Court in the late 2000s though?


yeah you are right


"The Supreme Court of India, in 2006, made it mandatory to register all marriages in the eyes of the law, making it an important certificate to prove your relationship with your spouse"


well then only three marriages were legal 🤪


Adini 1.0 and Adini 2.0 and Arylie marriage


according to the law Adi_lie were never married 🤣

AcquiredTaste thumbnail
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Posted: 3 years ago
#29

Originally posted by: lovereading14


okay you made me search up an read about the act...


You are right. According to the law a(Hindu marriage conducted according to the given criteria in the constitution) need not be registered to be considered valid. However, in order for the marriage to be no longer considered operative a divorce or annulment is necessary.


HOWEVER, and this is the important however. In the eyes of the law, a marriage conducted without consent of either one or both parties or done by any kind of force such as at gun point is considered void in the eyes of law.


So according to the law of India... Aditya was not married to Imlie when he married Malini. Since that wedding happened at gun point it was void. Hence his marriage with Malini was actually his first lawful marriage and she is his first lawfully wedded wife.


His first marriage with Malini was his first social and legal marriage. Malini in the eyes of the law is Aditya's first wife.


Actually I don't think Imlie and Aditya at any point were lawfully married. Since the furniture tod shaadi does not follow all the given criteria of the Hindu marriage act either.

Bold: Your terminology here is incorrect. Marriages done by duress or force are VOIDABLE not automatically void. The parties have to take the initiative to have them voided. So it was incumbent on imlie and Aditya to apply to the courts to have their first marriage voided for it to be illegal. Which they didn't do. In fact the reverse. When Aditya took Imlie back to Pagdandiya they performed those rituals again in front of Meethi and Satyakam and other witnesses too. To compound this even more there was the table thod shaadi. But all these arguments aren't even required because Adilie's marriage was validated and regarded as the first one by the court during Malini's rape trial. And so all arguments are moot. Imlie and Aditya were legally married and they were married first.
Edited by Bea1 - 3 years ago
handlerxsaviour thumbnail
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Posted: 3 years ago
#30

Originally posted by: lovereading14


yeah you are right


"The Supreme Court of India, in 2006, made it mandatory to register all marriages in the eyes of the law, making it an important certificate to prove your relationship with your spouse"


well then only three marriages were legal 🤪


Adini 1.0 and Adini 2.0 and Arylie marriage


according to the law Adi_lie were never married 🤣

Chalo, accha hi hua. 😂 Though this means Imlie went through all that T crap in faltu. 😐

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