Need advice on criminal as well as family law
K.Swaminathan
(Querist) 04 January 2012
This query is : Resolved
Dear Sir,
I need your legal advice at the earliest. My nephew aged 29yrs, is being blackmailed and pressurized by a girl as well as her parents, to get him married to this girl for the last six months.My nephew had lost his father when he was in college due to medical Negligence of doctors after a simple Appendicitis Surgery.He hails from a Hindu brahmin low middle class family, has his 56 yrs housewife mother and a younger college going sister to support.
My nephew was initially working as a software person in a company in Madras for few years and then moved over to another company in Bangalore. He had developed friendly relationship as a office colleague with many of his office girls in
the work place. Subsequently three of his office friends also moved over to Bangalore a year back in some other software company, and my nephew seems to have helped these girls to secure jobs in Bangalore in some other company as well as getting suitable accommodation in Bangalore, for them. They have been meeting as friends. One of the three girls, belonging to some other community
seem to have proposed to this nephew of mine a year back for marriage in presence of the other two girls, (one of them being a spinster till date older aged 36yrs, and another a Christian girl having had a love marriage with a Iyengar Brahmin boy), and my nephew also seem to have accepted it at that time in presence of these girls.
Subsequently after moving close to this girl, my nephew seems to have found that this girl is very arrogant, stubborn, dominating type and very demanding, and realized that this girl will not be able to fit into the family or she will be compatible. He told her plainly his feelings and told her that their married life cannot be smooth as her temparament does not go well him and their family life will be miserable and might land in divorce only, and hence it is better that they part as friends. Initiall she resisted this move. Many atimes she used to call him on cell phone and forced him to her at her beg and call by threatening him that if he does not come and meet her she will end her life. My nephew out of this fear met her and tried to explain to her the real problem. This girl six months,one day went to my nephew's house and met his mother and expressed her intentions to marry her son. The mother categorically told this girl in plain terms that she will not accept her as her daughter-in-law and they do not want her including religious grounds of non vegetarian etc and no one in our family will accept this including her son also told that he does not want to get married to this girl. She tried her level best to convince the mother and failed The mother advised her not to entertain such thoughts any more.
Having not successful in her attempts, the girl told my nephew that she understands, so let us be friends and she will marry some body of her parents choice in the days to come as her parents in Madras were looking for suitable match.
Suddenly on 10th December, when I was visiting my nephew at Bangalore in trying to find suitable alliance for him, this girl suddenly barged into my sisters house without notice at night and created a scene in front of the house, and shouted that my nephew had promised to marry him and she will not let him marry any body else and she will do anything to screw his life. She used all sorts of indecent words, and pushed my sister down on the floor.At that moment I tried my level best to cool the girl, but she was very rude. When things went out of hands, my nephew slapped that girl, when she pushed his mother down. She said that she has sufficient evidence to prove to put my nephew into jail etc.When I tried telling her that he is not interested and even if married the marriage will end in divorce, she said not she is not worried ,but wanted this boys life ruined.
Somehow she left after shouting a lot threatening that she will not leave him under any cost.Next day her two other friends seem to have screwed her up to call her parents from Madras and they landed into my sisters house uninformed and wanted my sister to promise that she will get her son married to this girl, inspite of my sister and nephew saying that it was a fact that he had told her that he accepted her, which was one year back and finding that life will be miserable with her and will land in divorce, he tried to tell her, but she is adamant.
The parents seem to have told my sister they also understand the position but are helpless that their daughter is pretty adamant of marrying my nephew and they want this marriage otherwise they may have to take other extreme measures.They have a months time to think and come back to them only with a positive decision and do not want a negative decision.
This has put my sister in a fearing position, all of us being afraid of the consequences.We are still saying as and when they call us on phone every alternate day that we cannot accept this girl, but they are threatening us on policeaction etc, which we do not know what are the implications.
My sister is staying alone in Bangalore with her son, and she is scared of these people visiting her any time during day time when son is not at home and threatening and pressurizing her for agreeing for marriage.These two girls say that they will evidence of the promise made by my nephew a year back to this girl on marriage.
Under these circumstances, an alliance has come from a decent family for my nephew, and we told all details including the girl's creating a scene etc and my nephew's involvement with that girl and her parents threatening us etc.The alliance party said that they are not going to be worried on this, and have suggested an immediate marriage in a temple under Hindu Act Section 7/A, and get the Marriage registered with Registrar of our locality and get the needed marriage certificate to avoid further complications thus get out of this problem once the boy is legally married to this alliance party girl.
1. Kindly Advice us as to whether any police action possible from the other demading girl side or her parents
2. Can the police arrst ny nephew on false charges of promising of marriage and breaking relationship now.
3.Can my sister be arrested and pulled to Police station.
4. Will there be any further complications if we get my nephew married immediately in a temple and get the marriage registered legally with the Registrar
5.What preventive actions we should take legally and with police.
6. The girl also seems to be threatening her parents saying that if they do not get her married to my nephew she will commit suicide leaving a suicide note that my nephew is responsible for her death. Can this drag my nephew into any problem of Police arresting him.
7.My nephew is not been either meeting this girl or talking to her or her parents for te last one month. The girl has been trying to call my nephew on his ceell phone and sends SMs ion his ell, which my nephew never replies or attends. This girl also has been desperately trying to call my sisters house land line many times during day all these days, in a effort to see whther my nephew picks the phone , and if my sister picks the phone she just hangs it over.
Kindly help us as to how to get out of this situation
I WILL BE GRATEFUL FOR A SPPEDY LINE IN REPLY AS ADVICE.
Thanks for the help.
Krishnaswamy
Devajyoti Barman
(Expert) 05 January 2012
1. Yes
2. Yes as the court often consider it as amounting to rape.
3. Yes unless she get obtains anticipatory bail. No if her name is not there is FIR.
4.No
5.Lodge a complaint to the Police about such threats and intimidation by the girl and her family members. If prima facie evidence is there criminal case can be initiated against them.
6. Yes to a great problem as he would be charged with abetment of suicide .
Ask you nephew to marry the girl. It is simplest solution.
Deepak Nair
(Expert) 05 January 2012
1. Police can take action if any complaint is made.
2. Here i differ with the opinion of mr. barman to some extent. If there is no sexual contact, then the question of rape does not araise. Breach of promise to marriage is not at all a crime. so n action can be taken aganst such complaint.
3. Your sister cna be arrested only if there is any serious offence alleged by the complainant.
4. You can go ahead. Your nephew can marry another girl and register the marriage. Legally there is no bar.
5. Lodge a police complaint as advised by Mr.Barman. You can give the statement of your neighbours as witness too.
6. Attempt to suicide is a crime in India. So is threatening somebody by attempting suicide too.
7. You can file a police complaint regarding these unsolicited calls and sms.
I would not suggest your nephew to marry the girl. it can be made out that the girls actions are out of pure ego and not due to love for your nephew.
Be strong and face. before they initiate any action, lodge a police complaint with the help of a good lawyer.
Shonee Kapoor
(Expert) 05 January 2012
Agreed with Ld. Burman and Nair.
Get in touch with an effective lawyer immediately.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
K.Swaminathan
(Querist) 05 January 2012
Thank you very much Sirs, all experts. i am really grateful to all of you.
1.Kindly clarify as to which Police station We must file the Police complaint, and who should file it.Should it be in the locality where my sister is currently staying in Bangalore?
2. Since we do not have experience and have never had oppurtunities of either going to Police station or approaching the advocates, Can you experts suggest a suitable Advocate in Bangalore for this purpose, who will be in a position to help us in filing the needed police complaint as well as move anticipatory bail petition for for my nephew as well as my sister.
Thanks once again for the help.
Krishnaswamy
2.
Deepak Nair
(Expert) 05 January 2012
Since i am not from bangalore, i cannot suggest a lawyer in bangalore.
You have to report to the police stateion where your nephew is residing, i.e. Bangalore.
You can ask your neighbours / search online / search in directory for advocates in bangalore.
Sudhir Kumar, Advocate
(Expert) 05 January 2012
You have very good command on English and seem to be more interested in displaying so instead of putting you problem concisely. None has time to read such a long query. If your nephew has entered in sexual relation with promise of marriage the charge of rape will be there and if your sister is found to be instigating breaking of promise she may also be taken in as abettor. Her parents are today (atleast what I could understand from you epic type blog) are not supporting this girl. If she commits suicide then they will be the first person to lodge a complaint of refusal of marital promise due to dowry demand. Then you your sister other named relative (leaving aside you servants and pets) will all be in Jail. Even if the marriage is there then also this will end with criminal case under DV Act and 498a which is prevalent fashion of the society. This boy appears to be a gone case a highly coward and irresponsible one. Sooner you detach yourself better it is. Choice is yours.
Devajyoti Barman
(Expert) 05 January 2012
If nobody from us is from bangalore then you could get in touch with me.
K.Swaminathan
(Querist) 05 January 2012
Dear Mr.Barman,
Thank you very much for your kind offer to help us out. I will wait for a day or two for some one from Bangalore to respond to my request from your group. I will be very much obliged and will get in touch with you. Kindly let me know your contact details, including email, address etc.
Thanking you
Krishnaswamy
Raj Kumar Makkad
(Expert) 06 January 2012
If you require some more references from Banglore, let me know. I can also provide you competent and senior lawyers therefrom meant for your problem.
V R SHROFF
(Expert) 06 January 2012
Agreed with Ld. Burman and Nair.
Deepak Nair
(Expert) 06 January 2012
Why to waste time by waiting for somebody from Bangalore to reply to your query??
Take some effort to find out some one on your own . Bangalore is such a big city. You can find a number of good advocates.
Better to take action at the earliest before the girl's famiily initiates any action.
K.Swaminathan
(Querist) 06 January 2012
Dear Mr.Barman and Mr. Rajkumar,
I am really grateful for both of you in offering to help my nephew.My email id is; kswamy@iitm.ac.in. I reside at Chennai.
The latest on the cae is as follows.My nephew and his mother have been in Chennai since last ten days and are not staying back at their Bangalore residence, out of fear of the girl's parents or the girl herself barging into their house and creating problems and putting pressure.
The girls father had contacted one of the friends of this nephew's late fathers friend on phone, to know our stand, twice before New year. That friend seem to have told that the boy is firm in not wiling to marry that girl, and same with his mother and other members of the family.He hoped for a good news in new year. He once again called up that friend on phone yesterday evening around 05.00 p.m., 5th January, 2012,and asked for the decision, to be told the same reply by the person.He also added saying that when the boy is not at all willing to go in for marriage with that daughter of this person , question of the boys mother and relatives do not come at all. That father of the girl also spoke very softly, and said he also understands the difficulties of inter-caste marriage, but he has no other go because of insistence of his daughter.My friend seem too have told that father of the girl, that though the youngsters had made a mistake once, it is we as elders should correct the mistake and should not push them into wedlock, which will not work, as the boy feels incompatability and it will land in divorce soon, thus life of both girl and boy will be ruined and we should not be a party to such mistakes, and we should help them to have a better life.In the mean
time since the father of the girl received another call, he told that friend that he will call him later in the evening after 07.00 p.m and discuss further in detail with him. But till now, 08.00 p.m on 6th Jan., 2012 he has not called up.
I have a hunch to feel that the girl's side are playing cautiously, buying time and must be preparing something drastic, after the boy or his mother land back in Bangalore next week.ay be they must be waiting for the festival holidays, which commences from14th January, 2012 to 17th January, 2012 here in Tamilnadu and Karnataka for Makara Sankaranthi. I feel they might lodge a police FIR complaint around sometime next week and get this boy arrested, just before govt.holidays, so that we cannot get the boy released on bail, because of court holidays, and thus expect the boys mother or relatives to plead with the girl side to withdraw the FIR, and agreeing for the marriage. This could be their strategy I feel.Perhaps paying some bribe which is usual in such cases, court and Police always taking favourable siding to the girl side, this may be possible.
Perhaps, it could be that the girl's side trying to see whther we will yield under pressure and playing a waiting game.
Under such circumstances, I feel that it will be the best to file a necessary anticipatory bail for both the girl and her mother at Bangalore court at the earliest. Kindly advise us as to how to go about, in which you can help us, as our advocates.I also feel that we also should lodge a complaint to the local police station in Bangalore, which is Vigyanannagar, near CV Raman Nagar,on the developments, which can be drafted by you appropriately, to protect us later from other complications.You are the best judge.
Kindly let me know by email, how to contact you on phone or email, and what details you want me to furnish.Also let me know the fees that I should pay for the full case. I want this to be done as early as possible, before it is too late. If you email me your contact number , I will do it immediately and discuss on the matter further for speedy action.
Thanks once again
Krishnaswamy
K.Swaminathan
(Querist) 06 January 2012
Dear Mr.Barman and Mr.Rajkumar,
You may suggest the best suitable advocates for dealing with the case and email me the telephone number, address and email of the person, whom I will ask my nephew himself to go and meet him immediately as soon as he arrives in Bangalore on coming Sunday 8th Jan., 2012 early morning, for taking appropriate defensive action.
WIth regards
Krishnaswamy
Deepak Nair
(Expert) 07 January 2012
As suggested above, please take action at the earliest, before any action is taken by the girl's side.
"Preventin is better than cure."
Good that you have got great and experience helping hands in Mr.Barman and Mr.Rajkumar.
