Urgent help needed

Aarti (Querist) 01 December 2014 This query is : Resolved
My brother age 31, was involved with his office college since last 2 yrs. They had both mutually decided that they were friends with benefits and also had sex with each others mutual consent. they also spent time in local hotels.
Now the girl has got emotionally attached with my brother & now wants to marry him. My brother had lost his job and hence is on a financial crunch. Her behaviour had also changed due to which my brother cut of ties with her for some time but she again managed to get her way. The girl gets hysterical & has suicidal tendencies.
She has also demanded for a bigger house, car etc.. which i cannot afford.She also wants her siter to stay with uss 2wice before this my brother has filed an N.C against her for her rash behaviour which is unknown to her.
The girl has malicious intentions and wants to financially secure herself as she does not have a very gud financial & family background.
Now the girl has gone to the police & threatened to file 376 against my brother & says she is pregnant.My brother was taken to the police stn and warned. The girl now wants my brother to sign a consent letter a) saying neither of us family members to get involved in the marriage b)wants to get married in this week only.c)the same is being done by him under no influence (he does not want to marry) she has threatened else she will file charges of IPC 376. d) The friends shud amicably decided for him else they too will be framed up if no concrete conclusion.
1)My mother is not in favour of this marriage, so can we legally disown my brother from the property and assets as we feel she is only doing this for money, property & will later harass us (all this will be to protect his interests)
2) can he avoid getting married to her
3) If he gets married due to pressure initially can it be dissolved in the future.
4)Can my mother ask him to leave premises before marriage n fend for himself?
5)How can we protect the little capital he has saved from this woman as she is a girl whos mother also committed sucide and father has run away with another woman & the girl is staying with her aunt who is also fed up of her and has asked her to vacate her premises by 15th.

Hence the girl is left with no options and is leaving us with no options by threatening and harassing us.

Please help wht shud my brother do??
a)get married n go thru life long torture or
b)agree to go to jail under 376 as he dosent love her

As we are in such a catch 22 situation we would appreciate if you could plz help & guide as our minds very confused and also we are running out of time.
God Bless

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ajay sethi (Expert) 01 December 2014
1) your brother should refuse to marry her . never bow down to black mail tactics

2) in his statement to police he should mention that girl willingly had sex with him

3) no promises of marriage were made .

4) if your brother had exchanged chat messages , sms with her i presume no such promise for marriage were made .

5) your brother should on filing of FIR contact local lawyer and obtain AB

5) it is not necessary to disown your brother

6) if at all both get married let him stay separate with his wife

7) insist that girl undergo psychiatrist treatment for her suicidal tendencies

Aarti (Querist) 01 December 2014
Thank you Mr. Ajay for your prompt reply.

The only problem is that she is serious on filing an FIR and says she is pregnant. Which when my mother asked her for reports or going to the gynac the girl has refused.

Hence we are worried

Anirudh (Expert) 01 December 2014
I completely agree with the point by point clear cut views of Mr.Ajay Sethi.

In addition, I would suggest that your brother should meet with a very good criminal lawyer and take his advice.

In fact your brother should tell the complete facts (without hiding anything or saying I forgot to tell you kind of stuff)to the criminal lawyer.

ajay sethi (Expert) 01 December 2014
1) if girl clams to be pregnant insist on pregnancy test reports .

2) let her file FIR .

3) number of judgements from various HC that consensus sex does not amount to rape

Rajendra K Goyal (Expert) 01 December 2014
Agree with the expert ajay sethi.

V R SHROFF (Expert) 01 December 2014
never bow down to black mail tactics

Kuummaar AS (Expert) 01 December 2014
How are you sure that whatever your brother is saying is the only 'truth'?

Guest (Expert) 01 December 2014
So your brother had relationship with her and just want to escape when she is Pregnant.Now you want to Defend your brother by posting abusive things about her Parents.Remember Law has Big Hands.How would you React if it is the Girl is your Own relative.Better Let them get Married and Settle in Life and let your brother search for a good job and get it.Any good support to her Legally could put you in Trouble.

Devajyoti Barman (Expert) 02 December 2014
Though you can lodge complaint of blackmailing , the problem is once the girl lodges complaint case of rape would be registered.

Urgent help needed

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