Legality of 2nd marriages

elle45 thumbnail
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Posted: 14 years ago
#1

MKAP is not the first TV serial which has been seen treating bigamy as if it's perfectly legal. A show called Balika Vadhu on Colors TV had a track a few months ago, where an adolescent boy, who was already married, was forced by his grandmother to undergo a second marriage.

Similarly, a show called Uttran has very recently shown the 2nd marriage of the male lead, without obtaining a divorce from the first wife.
Then there's a show called Geet, where a girl unknowingly married an already married guy. She's currently expecting also.
Though the marriage was eventually nullifed in Balika Vadhu, the marriage is Uttaran is considered to be perfectly legal. As for Geet, the marriage is simply considered illegal, although there's no fault of the girl. But what about her child?
And for the time being, even in our show, MKAP, it seems everyone, including Krishna and Pratigya, seem to have accepted the marriage. (I mean, if Prats didn't consider the marriage legal, would she escort her sister to the bedroom, clearly accepting the SR would take place?)
Since I'm no expert in law, to expand my knowledge, I have some questions.
Is there some clause in the law by which a second marriage is considered legal?
What if the couple consummates, and what if they have a child? Is the child considered legal or not?
Why the widespread portrayal of bigamy all over the telly serials? Is that because it is being practiced in reality also? Is it common in villages?
What happens if the first wife dies or gets a divorce? What if Kesar dies? Does the Arushi-Shakti marriage automatically become valid?
I'm sorry for writing names of other serials here, I don't mean to discuss them. I just wanted to give examples of how commonly 2nd marriage is being shown on TV.

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Pirated_Fun thumbnail
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Posted: 14 years ago
#2

Originally posted by: elle45

MKAP is not the first TV serial which has been seen treating bigamy as if it's perfectly legal. A show called Balika Vadhu on Colors TV had a track a few months ago, where an adolescent boy, who was already married, was forced by his grandmother to undergo a second marriage.

Similarly, a show called Uttran has very recently shown the 2nd marriage of the male lead, without obtaining a divorce from the first wife.
Then there's a show called Geet, where a girl unknowingly married an already married guy. She's currently expecting also.
Though the marriage was eventually nullifed in Balika Vadhu, the marriage is Uttaran is considered to be perfectly legal. As for Geet, the marriage is simply considered illegal, although there's no fault of the girl. But what about her child?
And for the time being, even in our show, MKAP, it seems everyone, including Krishna and Pratigya, seem to have accepted the marriage. (I mean, if Prats didn't consider the marriage legal, would she escort her sister to the bedroom, clearly accepting the SR would take place?)
Since I'm no expert in law, to expand my knowledge, I have some questions.
Is there some clause in the law by which a second marriage is considered legal?
What if the couple consummates, and what if they have a child? Is the child considered legal or not?
Why the widespread portrayal of bigamy all over the telly serials? Is that because it is being practiced in reality also? Is it common in villages?
What happens if the first wife dies or gets a divorce? What if Kesar dies? Does the Arushi-Shakti marriage automatically become valid?
I'm sorry for writing names of other serials here, I don't mean to discuss them. I just wanted to give examples of how commonly 2nd marriage is being shown on TV.



Dear friend , I am an member in Uttaran show , I must say you are wrong as Tapasya had already divorced Veer by signing the paper ,
About Geet , she was trapped by Dev , she is not living with him knowing about his wife in the same roof.

About second marriage i can say that most weird one was from my favorite show Jyoti on Imagine TV , where Jyoti got divorced from Pankaj then got married to Kabir , But to save her child from marriage with Pankaj , she again had to conceive another child of Pankaj after her second marriage , though with artificial insemination .Her second husband also had to accept it ... How weird .
Mitrashakti thumbnail
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Posted: 14 years ago
#3
Hello Elle,
Is there some clause in the law by which a second marriage is considered legal?
There is no clause in any law where a second marraige is considered legal.It is illegal.
What if the couple consummates, and what if they have a child? Is the child considered legal or not?If they have a child ,the child is illegal as well.The children born out of second, by legal, or concubine without any legality, shall also enjoy some rights with the children of first wife as the child at birth does not know the legality of their mother, nor exercise any wish for a right birth; as such the children are, as a whole children of the person in question.
Why the widespread portrayal of bigamy all over the telly serials? Is that because it is being practiced in reality also? Is it common in villages? Bigami is a crime everywhere in India. If someone commits the crime and the law enforcement knows about it ,they will be convicted and punished.
What happens if the first wife dies or gets a divorce? What if Kesar dies? Does the Arushi-Shakti marriage automatically become valid? In Hindu marraige act, the legally wedded wife gets all the facilities acquired by the husband or retaining from her in laws. Even if the first wife dies, the second wife have no legality.In Hindu marriages act a legally wedded wife has the authoritative power to acquire all legal rights to annul the husband's second marraige.
Whatever they are showing in this serial is utter nonsense.
Edited by anusarkar - 14 years ago
elle45 thumbnail
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Posted: 14 years ago
#4

Originally posted by: PIA.SEN.GUPTA


Dear friend , I am an member in Uttaran show , I must say you are wrong as Tapasya had already divorced Veer by signing the paper ,
About Geet , she was trapped by Dev , she is not living with him knowing about his wife in the same roof.

About second marriage i can say that most weird one was from my favorite show Jyoti on Imagine TV , where Jyoti got divorced from Pankaj then got married to Kabir , But to save her child from marriage with Pankaj , she again had to conceive another child of Pankaj after her second marriage , though with artificial insemination .Her second husband also had to accept it ... How weird .

Oh.... I'm sorry if I misinterpreted the other stories. I don't really watch those shows but I was told by my friends that this was what had happened. 😕
But your quoting yet another example, does show that TV serials are kind of promoting this issue. And they somehow make it seem acceptable.... That's why I wonder, are there any cases where a second marriage is actually acceptable in law?
BeastInCarnage thumbnail
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Posted: 14 years ago
#5
Do we really go with Hindu ACT normally ? Its not that way. If the first wife don't make an objection then second marriage can be happened. I am not sure its legal aspects though. But its okay.
Mitrashakti thumbnail
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Posted: 14 years ago
#6

Originally posted by: CID_HD

Do we really go with Hindu ACT normally ? Its not that way. If the first wife don't make an objection then second marriage can be happened. I am not sure its legal aspects though. But its okay.

Even if the first wife does not object,in the eyes of law any second marraige is illegal. In the eyes of law the woman is a mistress. She possess no rights of a wife. The children born out of second, by legal, or concubine without any legality, shall also enjoy rights with the children of first wife as the child at birth does not know the legality of their mother, nor exercise any wish for a right birth; as such the children are, as a whole children of the person in question.
Edited by anusarkar - 14 years ago
BeastInCarnage thumbnail
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Posted: 14 years ago
#7
Of course the child will have rights. Not like real childs but he or she would have some rights.
elle45 thumbnail
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Posted: 14 years ago
#8

Originally posted by: anusarkar

Hello Elle,
Is there some clause in the law by which a second marriage is considered legal?
There is no clause in any law where a second marraige is considered legal.It is illegal.
What if the couple consummates, and what if they have a child? Is the child considered legal or not?If they have a child ,the child is illegal as well.
Why the widespread portrayal of bigamy all over the telly serials? Is that because it is being practiced in reality also? Is it common in villages? Bigami is a crime everywhere in India. If someone commits the crime and the law enforcement knows about it ,they will be convicted and punished.
What happens if the first wife dies or gets a divorce? What if Kesar dies? Does the Arushi-Shakti marriage automatically become valid? In Hindu marraige act, the legally wedded wife gets all the facilities acquired by the husband or retaining from her in laws. Even if the first wife dies, the second wife have no legality.In Hindu marriages act a legally wedded wife has the authoritative power to acquire all legal rights to annul the husband's second marraige.
Whatever they are showing in this serial is utter nonsense.

Thanks for clarifying Anu 🤗...... So it's all perfectly simple. Illegal means illegal and nothing else.
What irks me now is how Pratigya, a girl who fights for justice, could lead her sister to the bedroom, knowing very well that what will happen in there is completely and morally wrong? How could she leave Arushi behind those closed doors, knowing Arushi will have no respect left as a woman afterwards? Shame on Pratigya for not trying to save her sister.
If Arushi is out of her mind, driven by revenge, her family should have sense. You're right, it's all utter nonsense. 😡
Mitrashakti thumbnail
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Posted: 14 years ago
#9

Originally posted by: CID_HD

Of course the child will have rights. Not like real childs but he or she would have some rights.

I apologize. I am extremely sorry of the confusion. The children born out of second, by legal, or concubine without any legality, shall also enjoy rights with the children of first wife as the child at birth does not know the legality of their mother, nor exercise any wish for a right birth; as such the children are, as a whole children of the person in question.
BeastInCarnage thumbnail
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Posted: 14 years ago
#10
I wanna see some Shakti and Arushi love moments.

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