• Girl and her mother intimidating us to marry my brother to her

Hello Advisers,

First of all, Thanks for your gracious inputs.

Coming to my case, my brother and a girl were in a relation, but our parents dont like the girl, due to various reaons. Girl and her mother were intimidating us to get my brother married to her, or they would commit suicide and writing a letter including our names. She says, she has screen shots of their chats and pics together. Seeing this, my brother is reluctant to marry her who was previously willing to.

 What we wanted to know here is, if they file the case against my brother and parents, will the case really stand and how about we filing the case saying that they are harassing us. If you suggest, we can file a case, what evidences we need to provide.

Your advice is appreciated. Thanks in Advance.

Thanks,
Pavan.
Asked 7 years ago in Family Law
Religion: Hindu

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4 Answers

1)it was consensual relationship . both your brother and his girl friend were educated and they had physical relationship on their free will

2) i presume your brother did not have sex with girl under promise of marriage

3) your brother cannot be forced to marry the girl

4)in case girl friend files case of rape against your brother under section 376 of IPC your brother should obtain Anticpatory bail from sessions court

5) case would not stand judicial scrutiny

6) if girl is harassing your brother file police complaint under section 506 of IPC for criminal intimidation

7) rely upon messages received from girl threateneing to commit suicide

Ajay Sethi
Advocate, Mumbai
95205 Answers
7607 Consultations

5.0 on 5.0

1. Not performing of marriage even after years of courtship is not a crime in itself.

2. However sometimes the vindictive girls do file false cases of cheating or rape if sex is done on promise of marriage.

3. i am not certain whether in your case such possibility is there or not but if the girl so wants she mat take her vengeance.

Hence resolve the dispute diplomatically and certainly amicably.

Devajyoti Barman
Advocate, Kolkata
22920 Answers
498 Consultations

5.0 on 5.0

Was their relationship physical too and was there a promise to marry her during the physical relationship?

If there as a consensual sex between them with a promise to marry her then she may lodge a criminal complaint agaisnt yor brother under section 417 IPC, but she has to prove it by undergoing medical examination.

Their suicidal dramas do not have to entertained, let them make any hue and cry, do not be moved by it.

If their tortures are intolerable you may ask your brother to lodge a police complaint against them for forcing him or threatening him.

T Kalaiselvan
Advocate, Vellore
85404 Answers
2236 Consultations

5.0 on 5.0

1. What case they can file against you? What have you done against them? Refusing to marry is not an offence to complaint about? What will be her prayer in the said case to be filed? To direct your brother to marry her? No court has jurisdiction to force any body to marry some one whom he/she does not want to marry.

2. She can lodge a police complaint alleging that your brother have had physical relationship with her by promising her marriage which he is now refusing and in some cases, the Court has held it as equivalent to rape. Some courts also have refused to term it as rape and considered it as having consensual s*x. If she can not prove that your brother had s*xual relationship with her then this rape charge also can not be leveled against him.

3.If anybody threatens your brother that she will commit suicide if he does not marry her then it will amount to blackmailing him which is illegal.

4. Collect evidence of their such threats given by audio/video recording the said threats and lodge a police complaint thereafter against them for giving you the said threats.

5. If police refuse to act, you can file a writ petition before the High Court against plice inaction.

6. Engage a local lawyer having expertise in this field to handle the matters promptly.

Krishna Kishore Ganguly
Advocate, Kolkata
27245 Answers
726 Consultations

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