Is lit legally easy for Gauri to walk away now?

tinoo thumbnail
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Posted: 14 years ago
#1
I am not asking if Gauri will walk away from Jagat or not in the serial --
What I want to know is if a woman in Gauri's position chooses to walk away (now that their relationship is illicit) -- will it simply be easy for her to walk away today as easily if she were in a live-in-relationship (with no documented commitments... or will she have to do something to void the court marriage with Jagya in Rajasthan. What are the legal implications?
Will this leave a documented blot in her background is what I am asking?
Or given that her court wedding to Jagya is illegal to begin with, and has no meaning, can she just walk away.
In other words, does an illegal relationship also have to be voided in court?

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bewafa thumbnail
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Posted: 14 years ago
#2
I don't know about the Indian Judicial System...BUT if the foundation is illegal, then it is null and void to begin with so really...no question of it being legal at all


tinoo thumbnail
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Posted: 14 years ago
#3
Thanks bewafa (love your name 😃) -- That is what I was thinking too.
tinoo thumbnail
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Posted: 14 years ago
#4
But what to do about the court document filed in rajasthan? I mean I feel uncomfortable that it is just hanging there in the records without any logical conclusion or closure.
So I am asking not particularly about the legality of the document per se ... but the physical existence of the document somewhere that says Gauri singh is married.
Tomorrow if she gets married again - this certificate should not come in her way.
The samajik annulment by the mahapanchayat was never on paper, and happened when she was a minor so there is no proof or documentation and the validity of that child marriage was never in question.
Here this marriage takes place when she is an adult and it has been documented and consequently may create problems for her (not the legality per se, but the existence of that document) unless the document is in some way voided or torn up.
Blukitten thumbnail
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Posted: 14 years ago
#5
She can give an apeel in court to nullify her marriage with Jagya as he is already married..then tht certificate will be rendered void.
atria thumbnail
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Posted: 14 years ago
#6
I think she can appeal in court to render the marriage null and void since Jagya was already married. She can't bring a case against Jagya I think, since she knew of his circumstances already, so it can't be called cheating. Any one else have better legal knowledge on this?
357496 thumbnail
Posted: 14 years ago
#7
Yes she can since her marriage to Jagya holds no place in the eyes of law..it was more or less like a live-in so she can i assume simply walk off if she choooses to.
TheRager thumbnail
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Posted: 14 years ago
#8
Gauri can and should get her marriage annulled on the grounds that Jagya is already married. She can also drag Jagya to court for cheating her by lying abt her marital status and promising her marriage. Recently there have been cases where such men have been punished. But ofcourse no woman whom Jagya has wronged will take him to task and he will go scot free as usual all in the name of love.
atria thumbnail
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Posted: 14 years ago
#9

Originally posted by: kshreya2002

Gauri can and should get her marriage annulled on the grounds that Jagya is already married. She can also drag Jagya to court for cheating her by lying abt her marital status and promising her marriage. Recently there have been cases where such men have been punished. But ofcourse no woman whom Jagya has wronged will take him to task and he will go scot free as usual all in the name of love.


Can she claim he cheated her? Usually the second spouse can file a complaint for cheating only if she is unaware of the first marriage. Here she was well aware of the first marriage. Yes, she didn't know the legality of it, but once she knew the facts it was her responsibility to figure out the legal aspect. Sometimes excuses are made on the grounds of inaccessibility of the law, like if you are a poor, uneducated woman, and are forced believe everything your spouse says. Gauri had access to the law, she chose not to exercise her right. She can easily annul the marriage, I think, but the only person who can punish Jagya is Anandi (or her father). Some one earlier mentioned about DS as karta of the hindu family as well. But Gauri could only have punished Jagya if she had not been aware of his first marriage. If this were real life, her best course of action would be to quietly annul the marriage and move on with her life. In serials of course...

TheRager thumbnail
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Posted: 14 years ago
#10
Gauri can still drag Jagya to court on the grounds of cheating her for 5 years when they were dating/living in. I remember reading a similar case where the man was punished. But yes her case is weak and Jagya will most prolly escape. Unless ofcourse she claims he married her without disclosing his marriage to Anandi. Then her case would be strong especially if Jagya has no proof that he disclosed his marriage to her.

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