My younger sister has been decided to get marry with the guy who was her classmate. And she is in a relationship with him since 10years. Both r of same caste. Patrika matched with satisfactory points. But our father is not at all ready as she had been in relationship. Might be an ego problem. Not telling exact reason and only insulting her. Now she has decided to get marry. But my father told that he will do sucide if she will be do engagement and marriage. He'll give all property to Uncle and won't be visible to any one after that. So here if he will commit to sucide or any legal action then is there any chance that my sister, her supportive members and boy's family will get hamper by any legal action or police case if father committed to sucide? In such case what should we have to do?
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Your sister is at liberty to marry her boy friend
2) both are adults and do not need parents consent for marriage
3) father is at liberty to transfer or bequeath his self acquired property to whom so ever he pleases
4) if he commits suicide girl is not be blamed
5) no case of abetment of suicide is made out
It is always better to convince the parents before getting married since marriage is not just between two people and it involves two families. And if the parents are threatening of committing suicide then approach the jurisdictional police and give a statement about your intention of marriage and also mention about the threats given by parents and seek their help.
Before marriage ask your sister to give NC in nearest police station that father is Harrasing and attempt to suicide due to this reason.
Plus under Article 21 of Constitution of India your sister has full rights towards her life to live as per her own wish.
Tell your father that children are not property of his, just feed them, educate them and teach them how to stand on their own leg so in the society.
Everyone has the right to life, liberty and the security of person.' The right to life is undoubtedly the most fundamental of all rights. ... Article 21 of the Constitution of India, 1950 provides that, “No person shall be deprived of his life or personal liberty except according to procedure established by law.”
Marrying agasint the wishes of parents is not abatement to suicide. No Offense, still manage that such thing may not happen.
Dear Concern,
Please note -
01. File an informatory application under section 39 of the CrPC before the District and Session Judge of the Pune. This application is filed to inform the court that someone is going to some crime and that someone shall be watched and if he or she does someone exactly matching to what has been apprehended as per this application then other people shall not be held responsible.
Since this is an informatory application so no notice will be issued to your father or any other member of the family and simultaneously if he actually do something then he will be held liable for it and no one else.
02. Secondly file an criminal complaint before the local police station of your residence by the way of post under section 506 of the IPC stating that your father is criminally intimating all of you or you (I mean sister - it is she who should do all the above and below mentioned activities on her name) of committing suicide and then implicating all of you or you in general. Keep the tracking report of this application with yourself.
Send similar application in SP office by the way of post and keep the tracking report of the same with yourself.
You are requested to do so that you can approach the court under section 156(3) of the CrPC to register an FIR in coming future if in reality your father does anything which he is saying.
Likewise above no intimation will be issued to anyone and you will be in safe situation if you have already undertaken these steps.
03. Thirdly if you want to safeguard your rights in the property owned by your father or the property which is coming to you from your ancestors (grandfather, grandmother, great-grandfather and great-grandmother and so on) then you should file a civil case of -
(a) partition for your ancestral properties,
(b) maintenance in against your father to compel him to bear expenses of your marriage as he is legally liable for the same as per the law, and
(c) suit for permanent possession and injunction in against all the self acquired properties of your father stating that he is trying to sold of his entire property under the influence of other unknown people. Do it on the name of other unknown people (marking them as friends, professional known and colleagues) so that no one gets entangled in this fight individually and it remains only in between you and your father.
Court will grant stay in your case and hopefully when your father will appear then he will settle this matter with you (I am telling you this as per my experience most of the time it happens in my experience).
My best wishes to you for your life and marriage.
If he commits suicide then the boy's parents or the boy cannot be blamed for the incident.
See as for reason of her marriage if he is doing suicide no action can be taken against any member of the girls family or your family or sister as this is not forcing him from suicide.
Instead sister can give police complaint that father is intimidating for suicide and other damage.
Just file a normal complaint informing the local police station about the said threat. Then even if he suicide then no one blamed
- As per the Supreme Court, When a man and a woman live together as husband and wife for a long term, the law will presume that they are legally married unless proved contrary.
- Further, the Protection of Women from Domestic Violence Act 2005 provides for the protection,maintenance and right of alimony to a live-in partner, if she complains.
- Since, your sister is in relationship for the last 10 years, hence as per law she is free to marry with that guy and to plan for her future.
- Before the marriage , she should lodge a complaint/information with the police and higher official , after stating that her father is against her marriage with the guy , and further he is threatening for commiting suicide , and to disown her from the property.
A person can dispose his property as per his wish but he ca dispose only the property he has acquired he cannot dispose the property which is ancestral property because of the children who born to that family have right on the property from the day one they born so far as the marriage is concerned a person who is adult can marry as per her choice and police may be informed in advance if there is any problem so far as the property is concerned you cannot stop your father if it is self acquired property but of course you can file a case in the court that your father is not of his stable mind and any contract entered by him should not be honoured and you said get stay from the court in this regard although it is difficult but possible
If your father is threatening with suicidal threats then it would be better to lodge a detailed complaint with police about this and seek protection from law in the event of any such unfortunate incident.
Your sister can very well proceed with her proposal to marry her boyfriend, nobody can stop her from going ahead.
They both being adults and of marriageable age, even law cannot stop or prevent them from getting married to each other.
1. If your father commits suicide and leaves a suicide note then your sister and her would be may face FIR under Section 306 IPC for abetment to suicide, in which event they should apply immediately for anticipatory bail.
2. Your sister should serve a notice to her father to state that she has snapped all her ties with him and then marry. This notice may be the protective shield for her if father commits suicide and leaves a suicide note.
Dear Sir,
Nobody has right to interfere if two adults get married, says Supreme Court
NEW DELHI: No one, either individually or collectively, has the right to interfere in a marriage between two consenting adults, a Supreme Court bench led by Chief Justice of India (CJI) Dipak Misra said on Monday.
The bench sternly told khap panchayats not to assume the role of conscience keepers of society and said courts would go by the law and not tradition and 'gotra' considerations to determine the legality of a marriage.
Senior advocate Narender Hooda, appearing for some khap panchayats, said khaps encouraged inter-caste and inter-faith marriages as they had permitted Haryanvi men to marry women from other states given the skewed sex ratio in the state.
It appears that he is mentally upset over breaking up with you and feels emotionally insecure and vulnerable. At first, you should consider taking him for psychiatric treatment. At the same time, in order to protect yourself and your family I think you should consider filing a complaint with the local police authorities. This preemptive action may protect you from suffering any harm in the future in case she takes any step.
No if he commits suicide just because if marriage of your sister then no case will be made out on any of them.
But you have to take care of property transfer by father on your uncle name.
