Majority of the viewers are watching this show for entertainment...they clearly have no problem with Kartik and Naira cheating on Vedika till now otherwise TRP of this form of entertainment would be lowest....people don't care about morals and ethics while watching show...But a section of viewers is seemingly more concerned confused regarding marital status of Kartik, Naira and Vedika...or about the future of their favorite...as CVs have clearly shown Kartik and Vedika legally bonded in loveless, worthless and respect-less marriage...they declared Kartik and Naira's marriage null and void....but if we talk about real law...not DKP or Garima's law....which marriage is legal or which is not seems quite confusing...Isn't it?....
read a logical statement that Naira wasn't missing but she actually died...she was declared dead by police officer infront of Kartik...therefore after her fake death...Kartik and Naira's marriage is null and void...as she wasn't missing for 7 years...but she was "dead for them" for 5 years...but the law says...
A person may be legally declared dead or presumed dead...in second case apart form being missing from 7 years...second case for a person to be presumed dead is...
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).
There was no evidence of Naira's death or even of Naira being alive...there were only speculations...as nobody saw crocodiles in water eating up her body...police officer didn't saw any blood as if crocodile ate her up there must be blood flowing in water...officers were tired of searching for Naira...even after that they didn't find any remnant of Naira's body...or even evidence of her death...he told Kartik "we fear that "maybe" your wife's body was eaten up by crocodiles in nearby lake"..."maybe" he was about to drink water from that lake and saw blood flowing...but even if the police officer saw blood...was that Naira's blood?...did he get the blood examined?...did he get DNA matched with her relatives?...or was it mere speculation?...if he had to prove infront court that Naira Goenka died in order to obtain death certificate...how would he prove it without her dead body or remnants or blood sampled of dead?....maybe what Naira saw...her funeral without her dead body the very next morning of her death and her family mourning over her death...or her Kartik considering her dead while talking to Mihir...can be an illusion? when she returned for baby and was ready to even forgive Kartik...can't the funeral and mourning be an illusion?.. maybe Naira planted her fake body there and let Kartik and family mourn for her...as CVs remembered they could have shown Kartik searching for Naira...so after 1-2 months of post leap episodes we saw fbs where Kartik actually searched for Naira...but he searched for her after mourning over her death?...otherwise either what Naira did was an illusion or what Kartik did was an illusion...coming to point...
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 without any evidence...blood sample...DNA report which court would declared Naira dead? Maybe DKP's unprofessional non-existent court?...
(b) the day seven years after the date they were last seen (if death is presumed by the elapse of time).
As police officer didn't prove infront of court that Katik's wife has died in blast or is killed by crocodiles or her dead body was not found...as there was no clear evidence that she died or not...so she must be presumed dead or declared dead by court...only than she would be considered "dead" not missing...Police officer himself make Kartik believe his assumption....Court didn't declare Naira dead...families didn't think of possibilities as Goenkas are not people who would waste their selfish energy in thinking about possibilities of a family member being alive whose dead body wasn't found...Singhanias have only single statement to explain every kind of situation...Akshara's dead body was not found and she is still dead...as Naira is Akshara's daughter so if her dead body is not found...she is 100% dead...like her mother...Without any evidence...without any court proceedings...without declaration by court...Naira can't be considered dead from legal aspects...she could only be considered missing...but as DKP wanted to show second marriage legal...Naira has to be dead according to all...without any legal declaration by court...that's it...but if DKP's logic is to be considered...than also Naira presumed dead.....according to law if she returns after 5 years as per section 107 and 108 of presumed death...she is still Kartik's legally wedded wife...
Kartik and Vedika's marriage is null and void from the time the presumed dead wife returned after 5 years...
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