Is the ShaMe marriage illegal? Or not?

elle45 thumbnail
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Posted: 13 years ago
#1
So... I'm really excited for Kesar's return. I want her back and I'm dying to see what changes she'll bring to the Shakti-Meneka relationship.

But, as usual, I have a question which I'd like to ask you all... I really can't live without being curious as to what others think LOL. As per the predicted storyline, Kesar will be back in Shakti's life and will file a police case saying that she is Shakti's first wife and therefore his marriage to Meneka is illegal.

But I was wondering, even though I'm not at all familiar with the law, Is Shakti's marriage to Meneka really illegal?

I understand that this is a second (or third) marriage. And I was strongly against his marriage to Arushi. But circumstances are different now. Kesar had been mentally unstable for several years before Shakti married Meneka. In such a case where a wife is like Kesar was, and not improving by treatment (remember that the Thakurs thought that Kesar was on meds but not improving)... in such a case, shouldn't Shakti be allowed to remarry after a certain number of years?

And so, IF he really was justified in getting married again, can Kesar claim that his marriage is illegal? Is Shakti still in danger of going to jail?

What do you all think? What's right and what's wrong?

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551098 thumbnail
Posted: 13 years ago
#2

in MKAP tag there is nothing legal or illegal😆 I think jaisi KN ki personality hai Kesar usay apni taraf attract karle gi kynkay hai to bail buddhi he😉

pooja-menon thumbnail
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Posted: 13 years ago
#3
You pointed out what even I was thinking since I read that Kesar might claim the marriage is illegal.

Even I am not aware of law as such...but shakti remarried lawfully back then ..dunno how it will turn illegal now with kesar's return. As far as I know dunno how Shakti can go to jail on this basis. 😕

Kesar will have to try something else to claim back the property. Can Kesar ask for some alimony now that Shakti is remarried?? 😕
a_uma thumbnail
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Posted: 13 years ago
#4
I don't think the marriage is illegal, because Kesar was mentally ill at the time... that's why even Prats did not oppose it ...
Edited by a_uma - 13 years ago
suk4 thumbnail
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Posted: 13 years ago
#5
I don't know much about the ins and outs of these matters, but they'll probably say that cos kesar wasn't of sound mind, and was unaware of what KN was up to - legally she is his wife and his marriage to menaka is illegal - the doctor never said there was no chance of her ever recovering.
bugsbunny12 thumbnail
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Posted: 13 years ago
#6

Originally posted by: a_uma

I don't think the marriage is illegal, because Kesar was mentally ill at the time... that's why even Prats did not oppose it ...

Yeah i agree wid u!! 😃
MERARAI thumbnail
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Posted: 13 years ago
#7

According to the Hindu Marriage Act 1955 (India), divorce can be sought on certain grounds, some of which include adultery, cruelty, mental abnormality (all of which KN is guilty of over the years.

KN should have sought a divorce from Kesar before he married Naiki. Entering into a second marriage during the lifetime of one's spouse is bigamy. It's a criminal offence, punishable with imprisonment and fine. Kesar has to prove with witnesses (bec' she was mentally unstable at the time) that her own as well as the bigamous one have been performed properly acc' to the appropriate ceremonies. then KN should be counting bars soon if Kesar calls the cops on him. KN can get away with it if there is a part of the ceremony that was not performed the way his marriage to Kesar was completed.


rekrn thumbnail
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Posted: 13 years ago
#8

Very good question and hard to answer.

I think it all depends on what happened before Shame's marriage took place. My question is before Shakti married a second time did the family declare Kesar legally insane and therefore Shakti second marriage would be legal. I don't recall them doing this because they were worried about their honor. If they didn't do this then isn't Kesar still considered to be Shakti's legal wife.

I don't know the laws of India.

Veena.S thumbnail
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Posted: 13 years ago
#9
Very complicated issue, KN was then free for 2nd mrg, as Kesar was mad, but now shez cured n not divorcy, so shez still KN's wife, in tat case KN n Menaka's mrg illegal, so i think watever divorce is must for 2nd mrg... n Without divorce 2nd mrg illeagal...
Edited by Veena.S - 13 years ago
MERARAI thumbnail
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Posted: 13 years ago
#10
Khandaani girl Naiki lived the life of Pretty woman in Banares and even Radhe seems to have known her quite well.😲 Does marriage really mean anything to a woman like her? She only saw KN as her meal ticket, a pushover from whom she could strip of all the family's wealth. It's best Kesar put her on notice esp. if she still remembers how Naiki tortured her precious Samar. There is a big squad waiting to cheer Kesar on to get Khandhani Naiki behind bars along with her "humra pati" Katra Naresh Baby Sakthi Singh unless he comes to his senses. He might realize he's caught between Naiki and her maa and may be ready to dump them like rotten potatoes and find safety behind Kesar.😆

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