What the law says about gauri's parents

tinoo thumbnail
13th Anniversary Thumbnail Rocker Thumbnail
Posted: 14 years ago
#1
I have been reading the entire text of the child marriage protection act in detail. There are so many comments I have to make about so many things.

I have limited time to make them all, but the first one I want to make is this.

Gauri's obsession with 'legality/kanoonan' is because in her own mind she is under the impression that the first marriage to jagya was voided by a mahapanchayat on grounds of samajik and dharmik (social and religious grounds) -- so somewhere along the way she believed that if she had the backing of the kanoon at that time, then this marriage would have stuck and not come unglued.

So, this time the second marriage she made sure she was kanoonan patni and the legal aspect was handled so that no mahapanchayat could annul it again.

The thing she doesnt know is that the first time around also the kanoon would not have supported her.

The law while holding all child marriages are illegal - makes a distinction between child marriage which is 'genuine' in the sense that parents real intention is to get the child married-- documented through assets given to the girl by her parents as dahej

vs.

child marriage which is 'selling the girl' -- documented by parents who sell the girl in exchange for money -- and do not provide any assets to the girl at all (in terms of any saris, clothes, jewellery etc.)

While the first type of marriage is anyway illegal - and the male parent faces two years imprisonment and 2 lakhs fine (mother of the girl or boy will not be imprisoned - only the father/uncle of the girl and the boy who arranges the marriage)

the second type of marriage falls under yet another law - child prostitution act/sex trafficing act.
Parents of girl who sell a minor girl in exchange for money from the groom are prosecuted as pimps for prostituting their daughter. The crime is more serious and leads to additional years of imprisonment and more penalty to be decided upon by the judge.

So gauri would not have had the support of the kanoon even at that time (which she believes is the only reason her marriage to jagya as a child did not stick - and which is why she waves the certificate to the villagers saying - I dont care for your samajik norms, I have legal support this time).

Gauri who gives no responsibility to her parents for selling her, and only blames dadisa for paying money to her parents saying "us dokri ney hamare garibi ka faayda uthaya" would be well advised to see what the law says about her own parents.

More later...


Created

Last reply

Replies

9

Views

2k

Users

9

Likes

44

Frequent Posters

stoneheart thumbnail
19th Anniversary Thumbnail Explorer Thumbnail
Posted: 14 years ago
#2
thanks for the info!

i find many of gauri's arguments lame and her logic and arguments so flawed. but what really irritated me were her stupid parents. city folks might be more acceptable about divorce and remarriage (after divorce, not bigamy!) etc etc - but as village folks they should have known the fate of a second wife!

so makes me wonder if they wanted the marriage as a means of revenge (though it seems like they are taking revenge on their own kid by sending her back in that house!)
bhago said it best when she said didnt gauri's parents have any sense and that if it were her anandi who would have done this she would have killed her...
shreela thumbnail
16th Anniversary Thumbnail Voyager Thumbnail Networker 1 Thumbnail
Posted: 14 years ago
#3

nice thread... who can file a case against phooli's parents?

Missesha thumbnail
15th Anniversary Thumbnail Dazzler Thumbnail + 2
Posted: 14 years ago
#4

Nice research...

And as per your thread, it simply means that Gauri's entire case is very lame legally and will have no support from law back then or even now.
It also looks that if now, Gauri ever felt like taking her child marriage case to law, accusing DS of ruiining her life than that it also not possible...
I just hope G doesn't go insane in coming episodes but instead move J out of her life and move on...
Picasso9 thumbnail
18th Anniversary Thumbnail Dazzler Thumbnail Visit Streak 30 Thumbnail
Posted: 14 years ago
#5
Excellent research. I can't wait to read what other salient points you unearth.

Hate to admit this because I never really feel an iota of sympathy for Gauri before, but the Bechari has to deal with ultimate betrayal by her parents. No wonder she seems unfazed by Jagya's blatant lies.
ILoveDrama thumbnail
14th Anniversary Thumbnail Visit Streak 180 Thumbnail + 5
Posted: 14 years ago
#6
👏👏👏 Wow Hats off to you for the awesome post, I really applaud you for your thorough research, are you by any chance a Lawyer or a student of Law? Just curious😃
divadesi thumbnail
Posted: 14 years ago
#7
Good work on the research.

Notwithstanding the bane of child marriages.

G made the SAME mistake that her parents made when she was a kid. The village panchayat was absolutely correct in annulling the G and J marriage b/c it would have been an unjust towards Anandi.

Dadisa was wrong, 100% but G's parents were exponentially wrong, frankly G should be holding a grudge against her mom and dad for trying to get her married to an already married boy.

As many people have said in this forum, ultimately there are other poor rural villagers who even in the storyline presented (regarding J's 2nd marriage) who said they would rather bear the burden of a single female child than sentence her to a fate of being someone's 2nd wife.

G's parents chose otherwise and frankly they have their own self to blame for being ostracized by their community and village. People in the rural areas suffer the helplessness of not having enough finances to support the family but not everyone resorts to marrying their daughter off to an already married boy (without thinking what the consequences to someone else daughter's would be).

But what does she do: she MAKES THE SAME MISTAKE AS AN ADULT.

Her parents did ZERO research to confirm Dadisa's claims about boy Jagya, his first beendni, on the contrary they rushed Dadisa into accepting an earlier date.

G DID the SAME EXACT THING. No asking a lawyer. No confirming legalities just take the "word" of the man who LIED to you for 5 years because he sat in the rain for a few hours. WOW.

Being stupid in love is one thing, but being brain dead, come on!

In G's case, the apple doesn't fall far from the tree. So sad, because G is pretty, smart, and she should have fallen for a REAL modern educated guy like the dude her bade papa introduced her too.

What's the point of all the education if you are going to make the same uneducated, ill-informed decisions that your parents make!
deep153134 thumbnail
Explorer Thumbnail
Posted: 14 years ago
#8
Hi tinoo, thanks for the information.. Now i can see many more legal angles which i was not aware of.
In this show, we have seen many offenders of law .

Gehna's parents too sold away their daughter for money to DS.
Phooli's parents sold away Phooli for natha pratha for money issues
Gauri's parents did it too.
There should be a way the CVs show that , this is can not only lead to turmoils but also a crime.
A serious one !

To top that, Gehna was intially raped in marriage.Went through domestic abuse.
its scary to remember those days wheh DS was such a monster even Basant .




-SilverAngel- thumbnail
19th Anniversary Thumbnail Stunner Thumbnail + 4
Posted: 14 years ago
#9
Nicely written... Good research about the judicial system!!... but what about infidelity?... why doesn't Gauri consider the sin/crime that she committed in the form of marrying an already married name thus helping him commit infidelity/ adultery!!

I would have loved to see a track where Anandi asks for justice and sends Jagat and Gauri behind bars...by now due to trps of the pati, patni, aur woh stuff I m not gonna see my wish being fulfilled... I want Anandi to fall in love with a nice, caring, and loyal guy... I know its impossible as its an indian show and no matter how bad the guy is the wife will return back to him at the end of the day!!... WHICH SUCKS!!
tinoo thumbnail
13th Anniversary Thumbnail Rocker Thumbnail
Posted: 14 years ago
#10
ONE MORE PIECE OF INFO
If the child marriage has already taken place between two minors at the time of the case being filed --
then in the case of the type 1 child marriage - the marriage with genuine intent to marry - while the parents etc. will be punished - the court will leave the marriage as is. It understands that marriages are made within social and cultural contexts and will not void the marriage since after reaching maturity, the children may decide to stay on in that marriage. The onus will be on the two children to decide whether to continue the marriage or not when they reach 18 and 21 respectively (girl and boy) and they can file a case in court at that time if they wish to discontinue. (This is the case with JaAn)
However, in the case of type 2 child marriage - where the girl is sold- and the marriage is just a sham- a quick money making scheme for poor parents and girl a commodity - THE JUDGE WILL DECLARE THE MARRIAGE NULL AND VOID ON THE SPOT. The court does not recognize this as a marriage at all. It considers this child prostitution/sex trafficking.
So gauri needs to understand that her kanoon would never have been with her at that time. It would have declared her 'pheras' null and void and meaningless ON THE SPOT. , JUST LIKE THE MAHAPANCHAYAT DID.

Related Topics

Top

Stay Connected with IndiaForums!

Be the first to know about the latest news, updates, and exclusive content.

Add to Home Screen!

Install this web app on your iPhone for the best experience. It's easy, just tap and then "Add to Home Screen".