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Many of us are wondering about the actual legal troubles that Jagya might face if he appeals for divorce. Here are some facts about Jagya;s legal hiccups, looks like shifty eyed Jaggu dada is in real trouble if it were a real case.
1. Jagya CANNOT be tried for bigamy and marrying by hiding first marriage under section 494 and 495 unless Anandi or her parents file a complaint. The exception is only in case of Andhra Pradesh where bigamy is a cognizable offense which means the police can themselves initiate an FIR for bigamy and it is also non bailable. The Andhra men are really doomed, but in other states bigamy can be tried only if the wife complains. 😔
However, Jagya is guilty of several other charges which does not need filing from Anandi.
1. He is guilty under Sections 176 and 177 of IPC which are described as follows:
2) Section 176: Omission to give notice or information to public servant legally bound to give it:
"Whoever, being legally bound to give any notice or to furnish information on any subject to any public servant, as such, intentionally omits to give such notice or to furnish such information in the manner and at the time required by law, shall be punished with simple imprisonment for a term which may extend to one month, or with fine which may extend to five hundred rupees, or with both;or, if the notice or information required to be given respects the commission of an offence, or is required for the purpose of preventing the commission of an offence, or in order to the apprehension of an offender, with simple imprisonment for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both"
In simple terms it means if anyone hides some information to a public servant when he is supposed to disclose it and if that hiding can lead to an offense, then the person is guilty.
The punishment for this can be upto 6 months.
b) Section 177: Furnishing False Information:
"Whoever, being legally bound to furnish information on any subject to any public servant, as such, furnishes, as true, information on the subject which he knows or has reason to believe to be false, shall be punished with simple imprisonment for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both"
The punishment for this can be upto 2 years.
Anandi does not need to do anything here, the state can hand over the punishment by itself. 👏😆
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Now coming to the question of divorce. Jagya cannot divorce Anandi as easily as it seems. It's not as easy as sending divorce papers. One way is Jagya can file for divorce against Anandi under these specific clauses in Hindu Marriage Act, claiming that Anandi has committed:
1.Adultery
2. Cruelty
3. Desertion
4. Conversion of religion from being Hindu
5. Is Mentally unsound
Now Jagya cannot claim any of these reasons for divorcing Anandi and it will be ompossible for him to gather proofs for these. In that case they have to go for divorce under mutual consent. Now divorce by mutual consent is also tricky. Read the following description of the Act:
1. A period of 6 to 18 months is given as a transition period after the filing of divorce. The period of 6 to 18 months provided in section 13B is a period of interregnum which is intended to give time and opportunity to the parties to reflect on their move. The court decides the length of the transition period. The couple has to file for a second appeal at the end of this period.
So there is no instant divorce formula, they might have to wait for as long as18 months for getting the divorce.
2.The court should be satisfied about the consent of the parties. If the court has any doubt about the question of consent, or feels that one partner has been exploited, pressurized or forced to divorce the court reserves the right to refuse divorce.
This is a tricky situation, since the reason for Ja-An divorce is not exactly one of a couple's mutual incompatibility or mutual decision to end their marriage. As soon as the court finds out about Jagya's bigamy, they might refuse divorce since it was a breach on the part of one partner and might rule that Anandi was forced into divorce.
I really hope the CVs bring some of these laws to light. I have high hopes for them after watching the correct rendition of the PCMA 2006 Act.
1. Jagya CANNOT be tried for bigamy and marrying by hiding first marriage under section 494 and 495 unless Anandi or her parents file a complaint. The exception is only in case of Andhra Pradesh where bigamy is a cognizable offense which means the police can themselves initiate an FIR for bigamy and it is also non bailable. The Andhra men are really doomed, but in other states bigamy can be tried only if the wife complains. 😔
However, Jagya is guilty of several other charges which does not need filing from Anandi.
1. He is guilty under Sections 176 and 177 of IPC which are described as follows:
2) Section 176: Omission to give notice or information to public servant legally bound to give it:
"Whoever, being legally bound to give any notice or to furnish information on any subject to any public servant, as such, intentionally omits to give such notice or to furnish such information in the manner and at the time required by law, shall be punished with simple imprisonment for a term which may extend to one month, or with fine which may extend to five hundred rupees, or with both;or, if the notice or information required to be given respects the commission of an offence, or is required for the purpose of preventing the commission of an offence, or in order to the apprehension of an offender, with simple imprisonment for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both"
In simple terms it means if anyone hides some information to a public servant when he is supposed to disclose it and if that hiding can lead to an offense, then the person is guilty.
The punishment for this can be upto 6 months.
b) Section 177: Furnishing False Information:
"Whoever, being legally bound to furnish information on any subject to any public servant, as such, furnishes, as true, information on the subject which he knows or has reason to believe to be false, shall be punished with simple imprisonment for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both"
The punishment for this can be upto 2 years.
Anandi does not need to do anything here, the state can hand over the punishment by itself. 👏😆
-------------------------------------------------------------------------------------------------------------------------------------
Now coming to the question of divorce. Jagya cannot divorce Anandi as easily as it seems. It's not as easy as sending divorce papers. One way is Jagya can file for divorce against Anandi under these specific clauses in Hindu Marriage Act, claiming that Anandi has committed:
1.Adultery
2. Cruelty
3. Desertion
4. Conversion of religion from being Hindu
5. Is Mentally unsound
Now Jagya cannot claim any of these reasons for divorcing Anandi and it will be ompossible for him to gather proofs for these. In that case they have to go for divorce under mutual consent. Now divorce by mutual consent is also tricky. Read the following description of the Act:
1. A period of 6 to 18 months is given as a transition period after the filing of divorce. The period of 6 to 18 months provided in section 13B is a period of interregnum which is intended to give time and opportunity to the parties to reflect on their move. The court decides the length of the transition period. The couple has to file for a second appeal at the end of this period.
So there is no instant divorce formula, they might have to wait for as long as18 months for getting the divorce.
2.The court should be satisfied about the consent of the parties. If the court has any doubt about the question of consent, or feels that one partner has been exploited, pressurized or forced to divorce the court reserves the right to refuse divorce.
This is a tricky situation, since the reason for Ja-An divorce is not exactly one of a couple's mutual incompatibility or mutual decision to end their marriage. As soon as the court finds out about Jagya's bigamy, they might refuse divorce since it was a breach on the part of one partner and might rule that Anandi was forced into divorce.
I really hope the CVs bring some of these laws to light. I have high hopes for them after watching the correct rendition of the PCMA 2006 Act.
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