Originally posted by: HeartQuake
From where I see it , it's Kartik's fault much more than Vedika's. Marriage ko mazak bana kar rakh diya hai.. When I go back and watch the initial episodes of the show when it first aired , for a few years it was gold. The purity the integrity are lost.
Why should Vedika break the marriage?? Why not Kartik?? He's simply stringing her along and living with both wives. Why not sit with both and resolve the situation once and for all. If he can't give Vedika her rights of a wife , he must let her go with full respect and alimony. How's it Vedika's fault that she got stuck between Kaira drama. Yes she knew that Kartik was still in love with his "dead " wife and she was ready to deal with it but here is the thing- she didn't know or could ever imagine that the so-called dead wife will come back like that. She didn't put a gun on Kartik and forced to marry her . His grandmother did that . Kartik is not a little kid . Agar shadi ki hai to jimmedari to leni padegi.
Vedika is not the illegal wife here. She can easily go to court and prove that her marriage happened when Naira was thought to be dead by every one for the last 5 years . So the charge of polygamy doesn't hold.
By the way , only Naira can bring such a charge against Kartik and that too she can't because she faked her death. Faking events like death is considered part of identity theft. So ulta use hi saza milegi.
Instead of chanting I'll leave the house , Naira should team up with Vedika and both should corner Kartik and give him a piece of their minds, demand to settle the two wives situation legally and socially.
The way I see it Vedika has absolutely no fault.
@bold Vedika can't go to court and prove her marriage legal ( even if we talk about court in fiction) As I've never seen fiction where they tried to show a law during court case which is NOT valid according to country's law...Vedika is illegal wife here because...
Naira was missing for 5 years not 7 years for their marriage to be annulled that also by court proceedings...
First of All Presumption of Death is governed by
A person may be legally declared dead in absentia, i.e. a legal presumption of death may be declared, despite the absence of direct proof of the person's death, such as the finding of remains (e.g., a corpse or skeleton) attributable to that person. Such a declaration is typically made when a person has been missing for an extended period and in the absence of any evidence that the person is still alive – or after a much shorter period but where the circumstances surrounding a person's disappearance overwhelmingly support the belief that the person has died (e.g., an airplane crash).
In india presumption of death is governed by sections 107 and 108 of the Evidence Act, which allows for presumption of death for a person missing for 7 years to be raised in appropriate proceedings before the court.
To persume Naira dead without dead body Singhanias and Goenkas should have waited for 7 years...to get Kartik remarried...
Fake Death
A faked death, also called a "staged death" and pseudocide, is a case in which an individual leaves evidence to suggest that they are dead to mislead others. This is done for a variety of reasons, such as to fraudulently collect insurance money, to avoid capture by law enforcement for some other crime, escape from being held hostage by abductors or as a practical prank.
Naira did not herself leave any evidence like dead body to make them believe that she died.....So according to Law...Naira did NOT faked her death...she abandoned them all...they themselves considered her dead the very next day of her being missing....they performed her last rights without ANY dead body...Here Goenkas and Singhanias considering Naira dead the very next day can be objectionable...
Bigamy
Bigamy - If either spouse was still legally married to another person at the time of the marriage then the marriage is void and no formal annulment is necessary..
In case of a spouse unheard of for more than 7 years, a presumption can be drawn under Section 108 of the Indian Evidence Act, 1872 (Evidence Act) that the spouse is dead. In such an event, the other spouse can marry a second time on the ground that the former marriage is dissolve due to the civil death of his/her spouse.
So after 5 years of Naira abandoning Kartik....he is still married to Naira...and if Kartik is still legally married to Naira than Kartik and Vedika's marriage is categorized under bigamy...
They are not showing any court case or custody battle because they know if they show court scenes...they will to show actual law of country even in fiction they can't change country's law...so they are letting regressive illiterate Goenkas and Singhanias assume law without consulting lawyer....
Edited by CaptiveFreedom - 4 years ago
comment:
p_commentcount