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irfan   05 May 2020

Advise action on a man denied marriage

In month of Jan 2020 we learnt about our younger sister's affair.
guy with family visited to us with proposal at 2nd week of Jan 2020.
both family agreed on ring ceremony on Jun 2020, and Nikah on Dec 2020.
we experience sudden lockdown due to coivd 19.
my sister suffered from typhoid during this whole lockdown period, we were unable to hospitalized her since other than tertiary hospitals.
she was in recovery mode and informed us that she had physical relationship with and got pregnant of 12 weeks.
This sudden shock contacted boy and his mother. his mother was very rude and asked us to opt abortion, she will not accept girl with the baby and refused to marry my sister.
his mother states that she is ready for marriage but she do not want this baby, and we should abort the child if we want marriage.
boy is at the same opinion and states that we should follow his mother instructions.

we argue that my sister is week presently and still in recovery mode from typhoid and abortion is threat for her life.
but his mother states that we don't have any option.

please help us


Learning

 6 Replies

Dr J C Vashista (Advocate)     06 May 2020

Whether your sister was in physical relation with the same person ( proposed groom) with whom she has conceived or he is "some" other than him ?

Prima facie no legal issue is involved in your statement, it is better to opt for social and amicable settlement instead of legal recourse.

irfan   06 May 2020

with the same proposed groom since they were having affair, we are seeking legal recourse because they are not ready for marriage now. hope there should some legal recourse since they breached promise and trust. Hope law does not allow simply to make pregnant a girl left and her with no option.

P. Venu (Advocate)     06 May 2020

The facts posted suggest that the girl had consented physical relationship because of the assurance to marry. Subsequent events corroborate this aspect. But it would be better if an amicable settlement could be could be worked. In my opinion, what really matters of the girl who has been victimised.  

G.L.N. Prasad (Retired employee.)     06 May 2020

The Bridegroom side are not opposing/rejecting/ suspecting the bride, but thinking of the social stigma of the appearance of a bride with six months of pregnancy during the marriage.  Marriages can be performed during KOVID (in some states a maximum of 20 members are permitted), so it is better to perform a marriage within family members who are aware of the present bride's status.  (Also take the opinion of doctor on the possible impact of such high antibiotic treatment during pregnancy, likely side effects and health of bride if she wishes to go for abortion at this stage).  Both sides appear to be understanding and they have to arrive at a common point respecting other's view and the other is a qualified doctor.

Dr J C Vashista (Advocate)     06 May 2020

@ Irfan,

You have posted same query in forum also. See my reply.

However, it is ridiculous to repeat same story.


(Guest)
dear Irfan
apart from the marriage issue, you might get problem in abortion, since after 12 week of pregnancy 2 doctor's consent is required to abort which is based on certain circumstances, your sister should decide fast if they want to abort. and if she doesn't want to abort, there isn't any exact law for these kind of promises, its better to talk to face to face and settle the issue.

regards
mishrasatyam6804@gmail.com

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