Was the court Marriage real? - Page 4

Originally posted by: Bea1

Bold: Your terminology here is incorrect. Marriages done by duress or force are VOIDABLE not automatically void. The parties have to take the initiative to have them voided. So it was incumbent on imlie and Aditya to apply to the courts to have their first marriage voided for it to be illegal. Which they didn't do. In fact the reverse. When Aditya took Imlie back to Pagdandiya they performed those rituals again in front of Meethi and Satyakam and other witnesses too. To compound this even more there was the table thod shaadi. But all these arguments aren't even required because Adilie's marriage was validated and regarded as the first one by the court during Malini's rape trial. And so all arguments are moot. Imlie and Aditya were legally married and they were married first.

Behena don't judge my legal language. My knowledge of the Indian constitution came from a spontaneous search on the internet 🤪

I have not watched all of the episodes before ASR's entry just enough to build a concrete understanding (honestly that was a crap fest I couldn't bear 😆). Anyways coming to the point all marriages from 2006 has to be registered. Marriage 1.0 was not registered and the furniture tod shaadi does not abide by the act's criteria. So technically the two were never married.

There was rape trial??? Yeh kab hua? But how was the marriage validated at that point... cause it wasn't registered earlier and if they registered it then (after) was only 2.0 registered because Adini 1.0 was def registered before.

Can I ask is it not behoven upon the priest who conducts the marriage ceremony to have a register wherein they register the marriages they perform which is used as proof of the marriage if need be and thus acts as a certificate of marriage of sorts?

Originally posted by: lovereading14

Behena don't judge my legal language. My knowledge of the Indian constitution came from a spontaneous search on the internet 🤪

I have not watched all of the episodes before ASR's entry just enough to build a concrete understanding (honestly that was a crap fest I couldn't bear 😆). Anyways coming to the point all marriages from 2006 has to be registered. Marriage 1.0 was not registered and the furniture tod shaadi does not abide by the act's criteria. So technically the two were never married.

There was rape trial??? Yeh kab hua? But how was the marriage validated at that point... cause it wasn't registered earlier and if they registered it then (after) was only 2.0 registered because Adini 1.0 was def registered before.

Originally posted by: Bea1

The rape trial I'm talking about is the one where Malini spiked Aditya's drink and had her wily ways with him which supposedly resulted in her pregnancy. Imlie sued coz to her Aditya had been raped and she managed to collect proof of her allegation but Aditya deleted it. It was during that trial that judge validated Adilie's first marriage. So whether we like it or not their marriage was real. For all we know they were required to sign a marriage register whilst still at gunpoint.

this has nothing to do with like... i am questioning the actual logic and the real world law behind this stuff... cause I am curious.

How did a marriage that was not validated before become validated after a marriage that has already been validated only to nullify the validated marriage? That makes no sense.

Originally posted by: lovereading14

this has nothing to do with like... i am questioning the actual logic and the real world law behind this stuff... cause I am curious.

How did a marriage that was not validated before become validated after a marriage that has already been validated only to nullify the validated marriage? That makes no sense.

Originally posted by: Bea1

Are you asking about how it would be with a real life situation or are you asking in the Imlieland context because honestly they are not the same?

lmao real life. Imlie land mein toh all the shaadi's are valid... like we established earlier in ITV flying sindoor and drone dropping mangalsutra marriages are also valid.

Originally posted by: SundariP

Ok let me get the expert to answer this for you both.

Marriage in India are not about which law takes precedence. India is a secular country and all the religious laws draw their power from the state. Hindu Marriage Act, Shariat Act, Christian marriage, special marriage Act, Foreign marriages Act. All of them lie on an equal footing.

But given the religious complexities that India holds, marriages according to religious customs don't need registration. You take saath phere, and at the completion of last round, your marriage becomes legal. Same with nikaah. All these marriages are as legal as those that are registered under Special Marriage Act.

Now coming to Imlie's first wedding with Aditya. It's not void. Marriages under force are voidable, one of the parties can approach the court and nullify the marriage. Which neither Imlie nor Aditya did. So his first marriage with Malini is void-ab-initio.

Originally posted by: Potterhead3009

Marriage in India are not about which law takes precedence. India is a secular country and all the religious laws draw their power from the state. Hindu Marriage Act, Shariat Act, Christian marriage, special marriage Act, Foreign marriages Act. All of them lie on an equal footing.

But given the religious complexities that India holds, marriages according to religious customs don't need registration. You take saath phere, and at the completion of last round, your marriage becomes legal. Same with nikaah. All these marriages are as legal as those that are registered under Special Marriage Act.

Now coming to Imlie's first wedding with Aditya. It's not void. Marriages under force are voidable, one of the parties can approach the court and nullify the marriage. Which neither Imlie nor Aditya did. So his first marriage with Malini is void-ab-initio.

Here you go

Originally posted by: Potterhead3009

Marriage in India are not about which law takes precedence. India is a secular country and all the religious laws draw their power from the state. Hindu Marriage Act, Shariat Act, Christian marriage, special marriage Act, Foreign marriages Act. All of them lie on an equal footing.

But given the religious complexities that India holds, marriages according to religious customs don't need registration. You take saath phere, and at the completion of last round, your marriage becomes legal. Same with nikaah. All these marriages are as legal as those that are registered under Special Marriage Act.

Now coming to Imlie's first wedding with Aditya. It's not void. Marriages under force are voidable, one of the parties can approach the court and nullify the marriage. Which neither Imlie nor Aditya did. So his first marriage with Malini is void-ab-initio.

Here's your real life answer

Originally posted by: Potterhead3009

Marriage in India are not about which law takes precedence. India is a secular country and all the religious laws draw their power from the state. Hindu Marriage Act, Shariat Act, Christian marriage, special marriage Act, Foreign marriages Act. All of them lie on an equal footing.

But given the religious complexities that India holds, marriages according to religious customs don't need registration. You take saath phere, and at the completion of last round, your marriage becomes legal. Same with nikaah. All these marriages are as legal as those that are registered under Special Marriage Act.

Now coming to Imlie's first wedding with Aditya. It's not void. Marriages under force are voidable, one of the parties can approach the court and nullify the marriage. Which neither Imlie nor Aditya did. So his first marriage with Malini is void-ab-initio.

ahhh so the marriage doesn't need registration for recognition... thanks!