Originally posted by: bips
Simply from a purely legal standpoint - vedika is the legal wife.
I don't know where people are coming up with this 7 year clause. The 7 year waiting period is only when your spouse has disappeared but naira was declared dead by the police. And you don't need to wait 7 years after death to marry again.
Again you can argue that no dead body etc but the fact is naira was declared dead by the police - an official government body, hence the second marriage made under the assumption of death of spouse is completely valid.
.... I do wish they would wrap up this crappy track soon but the marriage (if actually completed) is valid....
And irrespective of whether the marriage is valid or not, the pseudo "cheating" track is killing all my kaira feels.
A person may be legally declared dead in absentia, i.e. 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 under two conditions
i) A person has been missing for an extended period
ii) 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.
@bold The officer who told Kartik that his wife Naira died...declared her dead in the absence of evidences that she is alive...he said "maybe crocodiles ate up her body" he didn't himself saw crocodiles eating up her body...or had no evidences to prove his point...what he said was based on assumptions...as if she died in blast dead remains of her body must be found from blast site...which weren't found...so second condition of declaration of a person dead is applicable here...
According to similar section...
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.
Kartik and Vedika's marriage is still null and void...even if Naira was declared dead immediately by an officer based on no evidence of her being alive found....as after that presumption court proceedings and definite time period (mostly 7 years) is required to declare a person officially dead....
Police officers notes are not LEGAL DECLARATIONS...Legal declarations are given by court after court proceedings...
In most common law and civil code jurisdictions, it is usually necessary to obtain a court order directing the registrar to issue a death certificate in the absence of a physician's certification that an identified individual has died.Most countries have a set period of time (seven years in many common law jurisdictions) after which an individual is presumed dead if there is no evidence to the contrary.
the Presumption of Death Act 2013 was passed to simplify this process. The new act, allows applying to the High Court to declare a person presumed dead. This declaration is conclusive and cannot be appealed. It is recorded on a new Register of Presumed Deaths, and has the same effect as a registration of death.
Death is taken to occur on
a) the last day that they could have been alive (if the court is satisfied that they are dead)
What if court wouldn't be satisfied by officers assumption that crocodiles ate up Naira's body?....
(b) the day seven years after the date they were last seen (if death is presumed by the elapse of time).
@red from pure legal standpoint Vedika is not legal wife...without judicial order anybody declared dead by search team or police officer that also before set time period can't be presumed dead..did Kartik obtained a court order that "Naira died" alongwith her death certificate as no clear evidence or dead body was found...before marrying Vedika?...as family didn't found Naira's dead remains a clear evidence of her death court's order or decree was MUST required....if they didn't obtain it than second marriage is 100% null and void...
I think ITV doesn't have liberty to show bigamy in fiction shows....infact objectionable content shown through fiction gets legal notices...whatever they are trying to show through Kartik, Naira or Vedika is objectionable...
Edited by CaptiveFreedom - 4 years ago
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