Of Illegal Marriages and legal divorces

adiana12 thumbnail
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Posted: 11 years ago
#1
Well today was interesting
So Jalal and Ruqu shaadi has been called Illegal by AK

As far as my understanding goes - An illegal marriage means it does not exist - And a marriage that does not exist cannot be dissolved as there is nothing to dissolve - so where does the Q of divorce come in!!!

As for any new law - Yes it can only be prospective and cannot be applied retrospective - so why did the Emperor keep silent????

My take - The Emperor is waiting for the Ulemas of Islam and the Pundits of the Hindus to come up with this statement - this will give weight to the Emperor's new law being applied prospective - I dont think the keepers of religion would want to see a mass divorce of all the shaadis that have happened before the law was enacted - ppl of all religions would be affected - And Jalal knws this but is waiting for the statement to come from those quarters - If the Emperor says as such it would be mis-represented by MA and AK.

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myviewprem thumbnail
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Posted: 11 years ago
#2
Exactly i am thinking
If mariage is illegal is not marriage so no divorce
so just remarry now that both are adults
adiana12 thumbnail
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Posted: 11 years ago
#3
Ok so watched the epi again.
Must say - AK has argued on the finer point of law which is very subtle.

The Emperor has passed the law with effect prospective.
AK ka arguement - My case was on the stand before the law was passed. Hence if this law is applied to me then it has to be applied on all the shaadis which have taken place before too!!!

This is a very fine point in law - can a law be applied on one whose case has led to the passing of the law. And in today's scenario the answer is 'Yes'. Hence the law shd be applicable on AK.

Legally AK has no case but...a very big but - AK can use this to whip up public opinion against the Emperor - and the Emperor being the master strategist that he is has already smelled this!!!!

The point is - humara tedha Emperor ghee nekalne ke liye ungli kaise tedha karta hai!!!!
sweet_diksha thumbnail
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Posted: 11 years ago
#4
exactly my point. if Jalal-Ruku marriage is illegal or invalid then where is need for divorce? they can simply get married right on spot.

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