YRKKH BTS, SM updates & Spoilers Thread #119 - Page 75

Originally posted by: Solitudelover

Divorce in Ab's case she can file and easily win for desertion, what Ar want doesn't really qualify as he stayed away for 7 years

That toh she can & given Kaveri's support she absolutely should - right? 🤔🤔

Originally posted by: Solitudelover

@bold: Would be absolutely valid and justified from Ab stand point for her to do this for what Ar did. Though it is a separate question whether it would be fair to Maira to separate her completely from the only parent that she has known and loved for 7 years unless she herself wants so and hates Ar for what he did

@red: While in dkp lawverse anything could be possible, I don't think as per Indian law a parent taking away the child without informing another parent would amount to kidnapping legally. I might be wrong, but that is what I could gather

Coming to the issue of Armaan being thrown into prison, sadly Indian laws do not validate a case against him …parental alienation is not recognized as a crime in India and there are no laws to govern that ..also whether we like it or not, Hindu law sees the father as the natural guardian ..note I say natural and not legal …legal guardianship or custody requires people to go to court to establish their rights ..in this case, there has been no custody case since the parents are still married …custody cases are invariably linked to divorce cases ..so no, Abhira cannot get Armaan locked up on the grounds of abduction or alienation since he is the biological and natural guardian of the child …she can use his desertion and his alienating the child from her as grounds for her being granted custody if and when she files a divorce case and seeks sole custody …and they would work in her favour …the court will grant her divorce on the grounds of desertion unless Armaan counters her plea with a plea for restitution of conjugal rights ..but since he was the one who left, the courts would likely look at Abhira more favourably and may well grant her custody …but such custody cannot predate the granting of it..as in, it comes into force only when the court grants it ..what happened before then will come not come under the purview of the court order

An interesting point here is that by Hindu law, Abhimanyu would have been the natural guardian of Abhir ..:oh wait he didn’t know he existed ..granted he didn’t take a call but the courts would surely ask if other forms of communication like email, sms, WhatsApp, or even plain India post were attempted ..I guess they weren’t …but forget that..he was not even named in the birth certificate …after committing a legal fraud, Akshu was shown practising law when she would have likely been disbarred for a brief period at least ..this is how Rishta writes law ..and we are expecting them to deliver justice ..what a hoot !

Anyway, Armaan is not going to the slammers for this reason ..maybe some other reason can be thought of by the writers to satisfy the demands for justice 🤷🏻‍♀️

Originally posted by: Farin3545

Doesn't staying away for 7 years nullify the marriage already? I mean what is the hindu marriage law? I read somewhere (Don't remember exactly), but a marriage where intimacy is exempted as well as the meeting,they get nullified.

https://www.instagram.com/reel/DKgEEyqT4NB/?igsh=MWlpdXpydW1qemExOQ==

Originally posted by: Farin3545

Doesn't staying away for 7 years nullify the marriage already? I mean what is the hindu marriage law? I read somewhere (Don't remember exactly), but a marriage where intimacy is exempted as well as the meeting,they get nullified.

Like Naysayer said, Abhira has grounds to divorce Armaan on the basis of desertion. But for that she would.have to file a petition in court. So until she does that, they're still very much married in the court of Indian law

Originally posted by: Mehersudha

sai and virat never took divorce it's shown as 7 yrs leap assumed dead move on happened.

But in that case Virat married on the assumption that Sai was dead. Yahaan pe Abhira has been given no such reasons to belive Armaan has died - hence she still wears the MS

Even Kaveri said the same thing - that court allows Abhira to take divorce even ex - parte - meaning she can divorce him even if he is not there to sign the documents since he is missing. But it looks like aise hua nahi hai, coz Abhira still hopes to find and reunite with Armaan as of now atleast

Originally posted by: Apsvenky

Like Naysayer said, Abhira has grounds to divorce Armaan on the basis of desertion. But for that she would.have to file a petition in court. So until she does that, they're still very much married in the court of Indian law

Originally posted by: Farin3545

Doesn't staying away for 7 years nullify the marriage already? I mean what is the hindu marriage law? I read somewhere (Don't remember exactly), but a marriage where intimacy is exempted as well as the meeting,they get nullified.

I don't think there is any automatic nullification, legal process for divorce have to he followed for the same but would be granted on this basis. But 7 years is actually for presumption of death. Ar's case since he left after leaving a letter is more of a desertion rather and for this only 2 years abandonment is needed as a reason, not even 7 years

Originally posted by: Apsvenky

But in that case Virat married on the assumption that Sai was dead. Yahaan pe Abhira has been given no such reasons to belive Armaan has died - hence she still wears the MS

Even Kaveri said the same thing - that court allows Abhira to take divorce even ex - parte - meaning she can divorce him even if he is not there to sign the documents since he is missing. But it looks like aise hua nahi hai, coz Abhira still hopes to find and reunite with Armaan as of now atleast

Originally posted by: Mehersudha

from dadi pov ar left her didn't return these many yrs so Abheera can be as divorcee if applied or not a left over wife. Same goes for ar too as there is no contact for 7 yrs left over rista. This is like labour class divorce no need to go till court. Left over is left riste. As kid is there with ar if they go for custody, he needs to be married for legal claim. He kept her illegally with him. For that he needs to marry either Abheera or anyone. Abheera doesn't know ar has their kid so feels ar ayega wapas pookie comes back. Her myth is all come to her on their own. Jeenedo aise hi kyalon mein 🤣. What's the use of rising alone when they want union after 7 yrs. Who will give back the lost period. Beti herself 7 yrs old and before that shadi so grace period gone

Again, dono lawyers hai. Toh whether we accept it or not, the court of law still says they're married. So if any one of them wants to move on, they have to get divorced from the other before it can happen. That's why even in gen 2, Karthik & Vedika ki shaadi was invalid as Naira was still his wife when he tied the knot again.