Before marriage is 498a is applicable please help me


 

my name is ashwin..
my problem is that my marriage is fix with a girl before few months (no ring ceremony or other function only we final girl ) and after 2 days of fixing marriage 2 letters are coming in my home by post of her ex-boyfriend (according to letter) and some day one boy is coming with letter and on that time my mother is present in home so he give letter and say don't marry otherwise i will kill your son,in letter this is also wrote that murderd me if i will marry with that girl ,,,me and my family are talking with her family about letter and after some days we cancel this marriage.
but now her family is pressure us for marriage with that girl they say this is false and girl is not like that and also woman commission are pressure on us for marriage with that girl her family is going for FIR again us so i want to know in this matter which type case and which type acts are arise and marriage with that girl is compulsory by me ...???? 
please give me right solution for this case i can not understand what i and my family do for this please help me please and very early please.....
 
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Lawyer/Advocate

Yes agree with expert and you should cancel marriage with her. 498A can't be lodged before marriage. Ofcourse section 3/4 of DP ACT.

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No one can force anyone to marry. Move to court/commisioner if threaten persists from women commision.


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but sir woman commission member are pressuring on me and my family as well as polish ..they all say that if i will not marry with that girl so we will go in court agains me and my family with the dowry case ...i can not understand what i do sir ...i am in government job is any type of case will be filed agains me so my  job will finish..???? please help me

 
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girl's family member goes  to polish station and given application agains me and my family that we are not marry with girl now woman commission member are pressure on me again and again for marry with that girl they say if i will never marry with that girl so they will filed FIR dowry case on me and my family . according to the letter she have a old boyfriend but she say it is false and doing all this . my mind is blast in thinking what i do...please suggest

 
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move to court seeking you see all this foolish and w..e commision will run away, as the case is in court. Dont marry such aristocratic woman, better fight, else post your married life all the hell will come.

 
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Advocate

 

No one can force you to marry a person you are not interested to marry whether it is the girl or her family or the Women Commission members. The consent for marriage has to be free and without undue influence otherwise the marriage solemnised under force or undue influence is open for challenging in the court as voidable in nature and to be declared null and void by the decree of the competent district court under section 12(1)(C) of the Hindu Marriage Act,1955.

 

Any person forcing you to do an act otherwise you will be prosecuted for criminal charges or otherwise harm you is committing offence of criminal intimidation under section 503 which is punishable under section 506 Indian Penal Code.

 

You need to collect all evidence with regard to such act of criminal intimidation and straight away file private complaint with the judicial magistrate under section 503,506,34,109 IPC against all these persons, as this an non-cognisable offence the local Police will not take register FIR if you make complaint of this offence to them, however if the threats are given to you through Phone, SMS, Email than the provision of the Information & Technology Act, 2000, section 66A will apply too and in that case this becomes an Cognisable Offence under section 77B of this Act of 2000 and the local Police is supposed to register the FIR on your complaint, but as this happens in most cases the Police is inactive and rarely register the FIR rather even if they are directed by the Judicial Magistrate under section 156 Cr.P.C to register the FIR they do register FIR, but they fail to do proper investigation that result in failure to Charge Sheet the named accused in the FIR, so best course is to proceed with private complaint with the judicial magistrate under section 200 of the Cr.P.C.

 

Once the legal process is initiated by you these people stop putting pressure on you for the marriage, rather they will come forward for compromise and request you to withdraw the criminal complaint against them.

 

 


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thankyou sir ...

 
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