Is retroactive divorce possible now?

tinoo thumbnail
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Posted: 14 years ago
#1

While individuals on the forum are discussing whether jagya will ask anandi a divorce or whether anandi will give him a divorce etc...

I think the key issue is whether a retroactive divorce is possible now - without his going to jail. And whether he will be prepared to go to jail just to remarry gauri 😆 I dont think the selfish bugger loves gauri that much to spend his life in a jail cell just so he can remarry her when he gets out.
Jagya has committed two crimes -
1. Is marrying when he was already married - this only anandi can prosecute him for. fair enough.
So court cant do anything if anandi doesnt file a case. fair enough. Penalty 7 years.
However, the second one is
2. Telling the court on the form that he is single and never married. (liar liar here again a lie).
This, the court directly can prosecute him for. Anandi is not required. Lying to the court has a 10 year penalty associated with it in jail. And if the court comes to know then court can itself send Jagya a legal notice and file a case against Jagya.
So, now, if JA decide to divorce (regardless of who initiates it between them) -- though crime 1 wont be an issue -- during the retroactive divorce it will obviously come to light that he has lied somewhere.
So he will have to go to jail for that. Anandi cannot tell the court no or give it a kasam never to prosecute jagya, like she did to bapusa. That is the court's jurisdiction.
Jagya may think he is clever and may file for a divorce in Mumbai (and not in the same courthouse in Rajasthan that he married in) ... but I still think there is a way for these things to be traced.
In addition, the court register and the marriage certificate call him Jagat singh. This too is a crime of falsification.
Even changing your name has to have a legal process associated with it. Jagya just went to Mumbai and began using the name Jagat everywhere on his own. He never formally changed his name to Jagat in court. If you remember, his bank accounts (when stopped) were in the name of Jagadish singh.
So, I think, retroactive divorce now will result in jail time for jagat, even if anandi does not file a case against him.
The court will prosecute him for the lie he told them.

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vivacious_priya thumbnail
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Posted: 14 years ago
#2
u r right.. i also wrote dis point on other thread😊
AnjanaYYZ thumbnail
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Posted: 14 years ago
#3
Am not familiar with Indian law...so, the q i ve is can the Court/police prosecute him unless Anandi objects? The lawyer adviced Bhairon that Anandi has to be the one to bring charges...she won't do that to date...and its doubtful she will despite Daadisa's encouragement.

So, what if he goes and simply seeks a divorce in Rajsthan from Anandi as Jagdish Singh? Yup. He lied under the name Jagat Singh. But, that would have to be linked to Jagdish Singh and court records may not be so well interlinked...

If he cannot give reasonable basis for Divorce... not sure whether court can grant him divorce... he may have to wait a period of time. Until then Gauri's no doubt gonna make him sleep in the cowshed (couch)🤣🤣

If he gets his divorce after his long wait... will Gauri still wanna him🤔


woman11 thumbnail
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Posted: 14 years ago
#4
excellent points tinoo, that's precisely what I posted in another thread. Let me just go through those points again. There are several problems in getting a divorce for Jagya:

1. Jagya cannot file a divorce by bringing any charges against Anandi, so it has to be a mutual divorce. If Anandi refuses to grant him a divorce, it is impossible for Jagya to divorce Anandi. In all possibilities, Anandi will not agree to divorce. Firstly because, she is still emotionally weak to sever Jagya completely from her life. Secondly, divorce is a major stigma in rural India. Many rural women would still accept abandonment or co-wives but divorce is still a big no no in the villages. It's pathetic, it's the fact. People have mental blocks against the word divorce. So I don't think Anandi will agree to divorce even if she has accepted Jagya's second marriage. And Jagya can't do anything if Anandi refuses.

2. No Jagya cannot be tried for bigamy if Anandi doesn't lodge a complaint. But Anandi's parents can lodge a complaint against Jagya:
"The father of an aggrieved wife can also make a complaint under section 494/495 of the Indian Penal Code."
The court has the discretion to not grant divorce once the judge finds out the cause of divorce is adultery.

3. The court will also punish Jagya for lying to the court regarding his marital status:

"In case the person charged of bigamy has performed the second marriage by hiding the fact of first marriage, then he shall be punished with imprisonment of up to 10 years or fine or both. Such offence under section 495 is not compoundable."
The court can punish Jagya on its own for this offense, they don't need anyone to file a complaint.😆


4. Jagya can also be punishable under charges of fraud under IPC 420 if he did not change his name legally. This offense itself can cost him a jail sentence of 10+ years as well as a fine. And Anandi doesn't need to do anything to send him to jail.

So it is in Jagya's best interest that he doesn't go near the court of law. The moment he comes in contact with the machinery of law he is in deep trouble. 🤣 Looks like Jagya can serve a jail sentence for 20 years as well as an extra 7 years if Anandi's maa bapu lodges bigamy charges. That makes it 27 years.🤣 Gauri madam you decide, whether you want sachha patni status or the risk of sending your sachcha pyar to jail and wait for him for 27 years. 🤣
Edited by woman11 - 14 years ago
sreevask thumbnail
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Posted: 14 years ago
#5
The Biggest punishment to Jagya is the hysteric Gouri itself!!
That's why Anandi imposed the biggest of all punishments for his infidelity!!
She need not file a case at all!
The betrayer victim J himself had chosen life time punishment!
Edited by sreevask - 14 years ago
tinoo thumbnail
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Posted: 14 years ago
#6
Woman11- I have always admired your sense of humour and your graphic design skills (particularly the jawani deewani pink sweater)... but I am simply in awe of your articulate sharp thought processes and your knowledge ... your thoughts shoot out like laser beams - with so much clarity! Really appreciate the detailed response. thanks 👏
woman11 thumbnail
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Posted: 14 years ago
#7
Thanks a lot tinoo. You are being very kind to me😛. I am glad u liked the jawani deewani sweater🤣
pjyo thumbnail
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Posted: 14 years ago
#8

Originally posted by: tinoo

...
Anandi cannot tell the court no or give it a kasam never to prosecute jagya, like she did to bapusa. ...

🤣🤣thankfully that all powerful anandi's kasam is not binding on
the judiciary 😆
AnjanaYYZ thumbnail
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Posted: 14 years ago
#9
@Woman11 - amazing legal research. I doubt Anandi is going to let anyone (dadisa, her parents, etc) put Jughead in jail though he surely deserves some grinding work🤔
-SilverAngel- thumbnail
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Posted: 14 years ago
#10
Well I do wish jail time for Jagya... but sweet dreams to me cause Anandi the mahanta ki murat will not let this happen... why can't a criminal be prosecuted is my question?... why shouldn't that person face the brunt if he/ she has committed the crime... where the forces of good, truth (sachai)...and all the mahan aspects go in such situations?.. You know if Phooli or someone else would be in her position than Anandi would be advising that person that 'zulm sehna paap hota hai' but when she is the one on the receiving end... she is letting her destroyer scot fre.

I thought an aspect of love was to teach that person right from wrong not to assist or support the person you love in wrongdoings, and Anandi is doing both!!
Edited by mahi0809 - 14 years ago

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