Legality of Pakhi's accusation

ShipIsSailing thumbnail
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Posted: 3 years ago
#1

Okay, so, I saw what the fuss was about. And while I can easily see that Pakhi's accusations are stupid, something about Satya blaming Sai for operating on family bothered me. So, I started thinking. Was Sai in any legal sense truly at fault here?

The first point that I can think of is that it is not illegal, in any sense, to operate on one's family member. So is the whole thing about saying that Sai should know that it is not allowed to operate on family BS? Not really. The thing is that while it might not be illegal, it is definitely not considered ethical when it comes to medical field. And the reason it is not ethical is something anyone who has watched Munna Bhai MBBS would know...that it compromises the doctor's ability to think clearly. The worry and anxiety that the doctor might face interferes with their thinking capability which could lead to the said doctor missing an important detail and making a mistake.

So, while Sai operating on a family member is NOT something illegal, it does strengthen Pakhi's case of Sai being at fault here.

Now, many might argue that Sai actually did the surgery after Virat consented...then I would say that is not what is happening here at all. The issue isn't that Sai removed Pakhi's uterus, but rather the fact that her situation got so worse that the said procedure had to be done. So whether or not Virat consented is not at all useful here.

So, is the situation hopeless for Sai? Well...not really.

There is the fact, that I am pretty you all are yelling at the screen while reading this, that Sai is indeed not Pakhi's family. As simple and common sense-ey as it looks, it isn't. Because the reason operating against family member is considered 'wrong', is because the doctor knows the family member, they care for them, and have a relation with them. While Sai might not technically be a part of Pakhi's family, she WAS a part of it, and even now, not only does she know her like a family member but also lives with her.

Now, many might say that a lot of friends operate on their friends when needed, several gynecologists help during the labour of the people they know, several surgeons do surgery etc. and no one bats an eye, then I would say you are completely right. These do happen, and quite frequently. Mainly because the family members of the patient trust this doctor more, as they know them. And it would all have been fine too, had the surgery gone completely properly, had this been happening in real life and not in a stupid sadistic serial, and had Patralekha not been such an ungrateful bit-...nevermind. But as it happens, the surgery did NOT go successfully, this IS happening in a stupid sadistic serial, and Patralekha IS ungrateful. And all these facts about their relation doesn't make Sai wrong...but they do put her thinking capabilities during the surgery into question.

Now...as I was saying...how can this scenario turn out in Sai's favour. It is simple. Sai and Pulkit have to fully recall all that happened in the surgery room, with the assisting people as witnesses, and show that removing Patralekha's womb was truly the only thing left to do, and it was not because of a mistake on Sai and Pulkit's side.

This is not something that is too difficult. And given that Sai was in the right, it should be fairly easy for her to prove her innocence, but of course the extent of ease depend on the actual procedure.

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But given the history of Ghum, and their total lack of intelligence...I highly doubt any of this is going to happen. So, basically Satya will realize how good of a person Sai is and how pathetic Patralekha and Chavan Khandaan are, and he will simply say that Sai is not at fault and everything will be alright.

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YAY!

Edited by ShipIsSailing - 3 years ago

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Love_Tannu397 thumbnail
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Posted: 3 years ago
#2

Dont know much about laws but as per ghum, pakhi can be illegal surrogate, can attack Sai whenever and wherever she wants irrespective of her relationship with Virat, can adopt a child even after having criminal record, can remarry Virat even if Sai is alive or still not divorced Virat and call herself as legal wife, etc etc etc. But but but Sai can't claim her son because that's illegal... Remember Sai's lawyer??? So disappointed with Sai for withdrawing the case...

ShipIsSailing thumbnail
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Posted: 3 years ago
#3

Originally posted by: Love_Tannu397

Dont know much about laws but as per ghum, pakhi can be illegal surrogate, can attack Sai whenever and wherever she wants irrespective of her relationship with Virat, can adopt a child even after having criminal record, can remarry Virat even if Sai is alive or still not divorced Virat and call herself as legal wife, etc etc etc. But but but Sai can't claim her son because that's illegal... Remember Sai's lawyer??? So disappointed with Sai for withdrawing the case...

Oh, I have just stopped trying with Ghum and laws. They just don't go together, especially when the law might benefit Sai, which is why I am fairly certain this track is solely for Satya to get to know more about her.

But some points about this track did make me think about the legalities...hence the post.

-honeydew- thumbnail
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Posted: 3 years ago
#4

Had a convo with my brother who is a lawyer about this yesterday and here are a few takeaways on technical grounds and also a few muft ke suggestions :


- Sai and Pakhi were not related to each other in anyway during the time of the surgery or from the same family - going by Pakhi’s ex wife logic - unless Pakhi is ready to accept Sai is still married to Virat and both conspired to get her uterus removed. Or that she is related to Sai as Virat’s bhabhi which makes her a family member ? This way she is herself giving away the legality of her own marriage with Virat as second wife has a few protection rights under live in laws but no other rights .. toh yahan toh PL ka popat ban jayega and Virat will land in jail for being bigamous .. another point that Virat or CNwaasis can claim is they contacted Pakhi’s family and got consent for the operation or if they didn’t - then Virat Thakur toh giyo !


-if Sai is the ex wife, and Virat has given consent for the operation of his current wife, because she was unconscious and it was done to save her life , once again doctors were acting in their capacity.


- Pulkit had been treating PL from the start and he warned Virat and PL to be careful, but she didn’t adhere to the instructions and didn’t take medicines and wanted to still go ahead and consummate her marriage with her husband, and travel with him - so this will implicate Virat and blame Pakhi for negligence so the case won’t stand.


-One more thing- in her defence Sai can always say she went ahead with the surrogacy of her child endangering his life which lead him to be born with weak legs despite her warning her and filing a case against PL for doing all this, and that she always had a weak uterus to begin with because of her own stupidity back then which was illegal. Wonder if that issue will be brought up now - but that will surely act as a protective defence in favour of Sai.


PL is known to be silly; impulsive and full of vengeance. She planned this move only to get Sai out of the house - so if she does go to court usika chop ho jayega …


- it will be proved that her marriage with Virat is not legal, and this he couldn’t have given consent and even if he did ; the doctors did it to protect her life, and the rest of the family mostly BK can simply turn around and speak against her as she only cares for the kids of the family and Sai is the biological mother ! Plus she also has a reputation and political career to protect: So PL made the stupidest move by exposing her marriage and the case in public like this .. the family will never support her this time unlike last time - and even her dear Ashwini who at that time was Sai’s Aayi will be forced to speak the truth during both surrogacy and uterus removal times that Sai did whatever she did in PL’s best interests ..


Edited by -honeydew- - 3 years ago
-honeydew- thumbnail
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Posted: 3 years ago
#5

Also itna legality ya logic nahi dikhayenge .. toh yeh toh bas mera aur aapka khaali peeli time pass ho gaya … and if makers stumble upon this post, unke liye muft ga gyaan .. medical and legal basis pe that case won’t hold in anyway except creating some sensation… it’s like PL got some muft ki publicity .. and footage outside CN as she was having serious FOMO after Sai’s entry into CN 🤪

Snowdrrop thumbnail
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Posted: 3 years ago
#6

What if this case opens the illegal surrogacy too. They can show that Pakhi’s uterus was week from before because of vinu’s birth. She was a virgin and vinu’s birth damage uterus.With accident it got more damage and she didn’t took her medicine and go to honey moon with Virat. So the reason of uterus remove was her own illegals acts and carelessness. Nowadays they are showing receiving her karma so maybe she is trying to trap Sai but she can get trapped in it. And they can show that this type of surrogacy can be dangerous which they never showed.

gaurimisha thumbnail
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Posted: 3 years ago
#7

Ghum land has no logic n doesn't follow laws on the land..so , expect the court case only to be twisted so that Satya turns out to be the hero...there is no other expectations from the case...it's supposed to make P more negative, make Virat root more for Sai, make Vinu go towards Sai n make Satya the hero for Sai. Forget law & logic😆

mysticriver thumbnail
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Posted: 3 years ago
#8

But her uterus had to be removed there was no other choice right. The head doctor told them the same.

nutmeg7 thumbnail
Posted: 3 years ago
#9

Originally posted by: gaurimisha

Ghum land has no logic n doesn't follow laws on the land..so , expect the court case only to be twisted so that Satya turns out to be the hero...there is no other expectations from the case...it's supposed to make P more negative, make Virat root more for Sai, make Vinu go towards Sai n make Satya the hero for Sai. Forget law & logic😆

Exactly this! 😆

ShipIsSailing thumbnail
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Posted: 3 years ago
#10

Originally posted by: -honeydew-

Had a convo with my brother who is a lawyer about this yesterday and here are a few takeaways on technical grounds and also a few muft ke suggestions :


- Sai and Pakhi were not related to each other in anyway during the time of the surgery or from the same family - going by Pakhi’s ex wife logic - unless Pakhi is ready to accept Sai is still married to Virat and both conspired to get her uterus removed. Or that she is related to Sai as Virat’s bhabhi which makes her a family member ? This way she is herself giving away the legality of her own marriage with Virat as second wife has a few protection rights under live in laws but no other rights .. toh yahan toh PL ka popat ban jayega and Virat will land in jail for being bigamous .. another point that Virat or CNwaasis can claim is they contacted Pakhi’s family and got consent for the operation or if they didn’t - then Virat Thakur toh giyo !


-if Sai is the ex wife, and Virat has given consent for the operation of his current wife, because she was unconscious and it was done to save her life , once again doctors were acting in their capacity.


- Pulkit had been treating PL from the start and he warned Virat and PL to be careful, but she didn’t adhere to the instructions and didn’t take medicines and wanted to still go ahead and consummate her marriage with her husband, and travel with him - so this will implicate Virat and blame Pakhi for negligence so the case won’t stand.


-One more thing- in her defence Sai can always say she went ahead with the surrogacy of her child endangering his life which lead him to be born with weak legs despite her warning her and filing a case against PL for doing all this, and that she always had a weak uterus to begin with because of her own stupidity back then which was illegal. Wonder if that issue will be brought up now - but that will surely act as a protective defence in favour of Sai.


PL is known to be silly; impulsive and full of vengeance. She planned this move only to get Sai out of the house - so if she does go to court usika chop ho jayega …


- it will be proved that her marriage with Virat is not legal, and this he couldn’t have given consent and even if he did ; the doctors did it to protect her life, and the rest of the family mostly BK can simply turn around and speak against her as she only cares for the kids of the family and Sai is the biological mother ! Plus she also has a reputation and political career to protect: So PL made the stupidest move by exposing her marriage and the case in public like this .. the family will never support her this time unlike last time - and even her dear Ashwini who at that time was Sai’s Aayi will be forced to speak the truth during both surrogacy and uterus removal times that Sai did whatever she did in PL’s best interests ..


This post is like cutting open my wounds... Every time I even think about the surrogacy and post tracks, my mind just goes haywire.

Ghum is like...have you heard the story of the kingdom with the poisoned well? If you haven't, it goes like this...There was once a kingdom ruled by a King and Queen. The kingdom had two wells, one in the palace for the king and queen, and a common one for the rest of the people. One night, a witch came and she poisoned the common well. All the people went mad, except for the king and queen. Seeing this, the King got worried. He tried to address the people and get them under control, but nothing worked. Seeing his behaviour, the rest of the people thought that the King and Queen were the one who were mad, since they behaved so differently. They all started attacking them. This made the Queen anxious. Relizing that there is no other way left, she told the King that they too should drink from the common well. That way the people of the kingdom will once again accept them. So, they both went ahead, drank the poisoned water, and went mad.

...and then they lived happily ever after.

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Mujhe lagta hai, ab hume bhi uss kuye ka paani pee lena chahiye.

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