Originally posted by: Jazzkapur
as far as i know, even by law, consummated marriage is true marriage
Consummation is part of marriage it does not valid in true marriage. How abt those who cannot consummate and have medical problems so with that theory thats a fake marriage. There are many people who can't consummate too due to medical issues or other issues.
Marriage is based on legal papers signatures as marriage certificate(though this is not shown in ITV and thats the stupidity of the makers)and whom marriage first regardless of consummation or no consummation. With kids or no kids. I am shocked that many thinks consummation valid in marriage and that gives the law to decide who is first marriage & second marriage. Consummation can happen before marriage and even in live in relationship and that relationship does not work out how to validate such relationship or people can even liive with no consummation they make out only. How abt these reasons?
In this case Rajeev married Pari first than Neeti. In the eyes of law Rajeev cheated his first wife Pari and had a affair with another women Neeti and married her secretly. So Pari can file a divorce based on cheating regardless they consummate their marriage or not or even jail him for bigamy. In the eyes of law Rajeev wants to stay with his 2nd wife and divorce his 1st wife regardless of consummation or not the law still takes the case and grant the divorce and Pari will be called his ex wife and Rajeev her ex husband
Its not abt Sanju/Rajeev, his love Neeti,his.consummation and his child. The law does not see that. The first question the law will ask why you want a divorce and PariRaj needs to tell the reason than the lawyers will ask abt their physical relationship status and add it as a clause but not make comparison of real marriage or fake marriage. They will ask the real reason of divorce and that reason Pari can tell the lawyers & judge that Rajeev cheated her or they have compatibilities issues or abusive relationship. After a few sessions with the court they will grant the divorce and the law will ask Rajeev to pay alimony or maintenance fee every month and that Pari can accept and reject. The law will announce them as ex husband-wife and divorce proceedings is done if they have kids than there will be a custody case. In PariRaj case there is no kids so no custody
This is actual procedure of a divorce proceedings. The law does not see consummation happened or not or valid in as true marriage. Pari holds the power being the 1st wife if she jails him in the case of bigamy Neeti cannot do anything because in the eyes of law. Rajeev was first married to Pari first than Neeti. He can be send in two cases in jail for bigamy & fraud(using two names to get married and fool both wives) and his mom too can send in jail by Pari for taking her father's land as dowry. Law does not see feelings they see facts and proofs. No matter how many defend that Neeti is his love,his real wife,they consummated and have child. The proof and fact under the eyes of law is Pari is Rajeev's 1st wife(legal) and Neeti is his 2nd wife(illegal). The first wife can divorce her husband and the husband can legalized his 2nd marriage but in the eyes of law Rajeev-Pari marriage will term as first marriage and they got divorce legally and they are call as ex husband & wife
My cousin is a divorce lawyer thus i know abt divorce through her. So when people debate on Neeti being true wife and consummation. The law did not see that the law saw marriage cert and divorce is based on that marriage cert and the reason for divorce. Honestly the law will review the case if they feel the couple needs counselling they will send for counselling too and divorce can be delayed
Edited by Mages - 1 years ago
comment:
p_commentcount