Posted:
I did some reading on the internet, and this is not a post based on any knowledge of law (disclaimer 😆😆)
We have been wondering what triggered of gauri to think of adultery as grounds for divorce vs. mutual consent.
Within Indian divorce law for Hindu marriages -- mutual consent can be obtained with no hassle -- but the couple have to wait one year. The couple have to cite irreconcilable differences and that they are polar opposites or something in terms of personality/temperament etc.
The court however is under obligation to save the marriage -- and the judge has to ask them to stay together for a period of six months under one roof -- cohabit together. The couple cannot refuse and have to make a good faith effort. If after the six months, the couple still want a divorce, the court will say okay, no need to live together, but will tell them to stay apart for another six months and see if they change their mind.
At the end of the second six month period, if couple still say we dont want to live together, then the divorce is finalized -- but alimony etc. will be worked out, and groom is supposed to provide alimony for wife and return stridhan.
I dont think gauri is ready for Jagat to live with anandi for six months 😆😆😆😆. Too goddamn insecure she is.
So, she has adopted adultery as grounds.
In adultery - the divorce is immediate (no one year waiting period required). On the spot, in court, the judge can grant it.
However, gauri's brain has gone to pasture. ghaas charne gayi hai. The sleazy lawyer made it seem very easy "hum anandi ko legal notice bhejenge adultery ke grounds pey, bas fir koi problem nahin hai, turanth divorce mil jaayega"
But to use this, in court, the aggrieved spouse filing for divorce (in this case jagya) will have to show several proofs:
1. photos of the couple meeting several times in an illicit manner (which means that the couple will have to be shown wearing different clothes each time, to show that these are different times.) These can be shot by a private investigator/detective. But there has to be documentation of several meetings with times and places of adulterous behaviour.
2. phone bills that show calls going repeatedly from anandi to boyfriend.
3. sms's from anandi and boyfriend which are romantic in nature.
4. witnesses who can testify to the adultery.
How will gauri, jagat and lawyer manage all these proofs? At best they can organize one fake meeting for anandi to meet some boy and take one photograph. They can lure anandi to a place by false pretense, and then the boy may suddenly throw himself on anandi, and they can click a photo at that moment. The court will not admit a one time thing like this - because it is circumstantial evidence. It needs proof of SUSTAINED meetings over a period of time.
But to show repeated photos of this nature, to document several instances, like this will be difficult. Because even if anandi comes once under false pretenses to meet a boy, she will never come back again.
How will they show phone bills? How will they show sms's?
So, ultimately, the lawyer does not have any long term game plan. He just looking for a short term consulting fees for sending the legal notice to anandi based on adultery.
He will not be able to defend them in court thereafter. 😉. He will take court fees from gauri and jagat, but will not be able to win, and will go in knowing that he will not be able to win, just to make money for going through the process.
Arjun
Web Series
