This is my Revised and Updated PostGreat post Anu and very interesting topic .... here is what I would like to say from a legal point of view:
In good old days in India, due to the British influence and regulation of the Churches worldwide, only Christian marriages were registered in the marriage registers kept in the Church where the marriage was solemnized by a priest .... in other words each married couple was and still is required by law of the Church to sign a marriage register in the church after being declared married and the entry in the register is a religious as well as legal proof of their being married. However, Hindu marriages in good old days were performed mainly according to the religious rituals and were considered sacred religious marriages where registering a marriage was not necessary as a proof of being married ..... pictures, Pandit ji and the guests were considered witnesses of such marriages. Later when India got more modernized, some started to register their marriages in the temple registers, if there was one maintained, as well as with family court ..... but it was never a law or rule for a Hindu marriage to be registered.
Now to answer your question ... in CB Dev and Rad's first marriage was not a "registered marriage" as such marriages are only performed at the marriage bureau section of a family court where couples first file an application to apply for a marriage license and then seek a date on which they want to get married and once the date is granted, they get married on that date in the presence of a marriage counselor or judge and two or more personal witnesses where the couple is required to sign a marriage register in the presence of all which is then co-signed by the counselor and personal witnesses .... after this ceremony their marriage license is filed in the family court for registration purposes and a marriage certificate is issued which provides proof that the marriage was legal and registered in court ...... In CB Dev thinks he was being married to Rad's but her name is Vish and their marriage was performed according to the religious rituals and didn't have to be registered had the issue of US travel not come up ... therefore, the marriage certificate that Vish is talking about is for the marriage that was registered for the purposes of obtaining travel visa after the performance of religious marriage...in other words since the marriage was not performed in a court it can be challenged ..... in this case Dev can easily challenge his marriage with Vish and can charge her for fraud and pejury for posing to be his lawfully wedded wife and can request court to order Vish to provide a crystal clear proof to the court for being married to Dev ... since Dev is denying his marriage with Vish and she is claiming to be Dev's wife .... in order to provide proper judgment the court can demand Vish to submit a solid evidence where it is clearly visible that she was married to Dev and that evidence could only be a photo of her and Dev performing marriage rituals .... failure on Vish's part to prove her identity through a picture as Dev's wife ... it will become easy for Dev to request withdrawal of such marriage registration application ..... once the court grants him his request such certificate will be canceled and immediately thereafter Dev can move an application in the court by filing an affidavit for annulment of his marriage with Vish on the grounds of fraud, perjury, misdemeanor and lying to court under oath, .... once annulment is granted by the court, the question of divorce does not apply to Dev as he never married Vish and is free to do whatever.
Whatever saboot Vish is boasting about frankly she really does not have enough in her favor.... all paper documents can be fake unless she has original pictures clearly showing her face during marriage ceremony.
Now if Rads get a hold of her picture she can actually challenge Vish in the court to establish that Vish never got married to Dev and to prove her marriage to Dev a photograph of Vish as a bride in that wedding would be necessary as Rads challenge is based on a visual evidence .... since Vish does not have an original photo of hers as Dev's bride it will be interesting to watch how she will counter challenge Rads ...... so if CVs decide to show a court battle it will be very interesting to watch the legal drama .... if you read my post about divorce I had indicated that the only way Vish can be declared a fraud is through court and regardless of what the witness by Devki, Amma, Nandu and Purab prove the strongest proof is Rads photo which Vish thinks she has destroyed .... also one other biggest witness could the Pandit who was trying to break the marriage of RaDev through religious ceremony on Devki's request .... I hope Devki uses the priest as a witness. Dev and Rads can also challenge the divorce together in order to have Vish declared an impostor once court deliberates that Vish is not Dev's wife, a divorce will not be necessary. However, one thing for sure the punishment for fraud, perjury, misdemeanor and lying to a court under oath is very hard ... if the CVs show the reality in punishment to Vish than she will be imprisoned for at least 10-25 years without parole. [we all would love that if CVs don't deviate from reality]
It will be a challenge for Dev and Rads to prove their truth but it will not be difficult once they have strong evidence ..... but most importantly they need to have an experienced attorney representing them and that attorney could be me😉 .... I would love to be RaDev's attorney as it would have given me great pleasure to grill Vish in the court until she is humiliated publicly and sent to prison for life and I would not charge a dime form my RaDev as I would provide them my free pro bono service😆
Edited by Rjorge - 16 years ago
