K.Swaminathan
04 January 2012 at 23:15
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
Anonymous
04 January 2012 at 22:11
RCR petition filed by wife - The wife is demanding a separate accommodation to join the husband. The husband though surrenders to the RCR and denies all the charges levied on him and also denies for a separate accommodation. Further, the wife cannot make her stand clear with respect to the petty allegations raised by her.
If the wife is not ready to stay in joint family even when the court order is passed, then how can a husband proceed further to getting divorce from her wife.
Also, please brief out the ways to get divorce if her RCR and maintenance petitions are dismissed.
Anonymous
04 January 2012 at 21:46
Sir,
My husband has filed a case under 9HMA at Gwalior but I am not in a position to appear there because my daughter is mentally retarded and get mental shocked many times in a day. I am also not in a position to bear the convenience/fair/lodging charges to go to there. Sir, I want to know whether the upcoming case may be transferred from Gwalior (MP) to Bilaspur (Chhattisgarh) Please help and suggest me.
Smt. Pratima Tiwari.
Anonymous
04 January 2012 at 21:09
what is the punishment in indian law for the husband who does not pay maintenace as ordered by the court
Member (Account Deleted)
04 January 2012 at 20:21
Hi All,
I'm Resident of Mumbai, I owned Room under Tenancy Law which is Under my name. I'm going through marital Discord which may end up in Divorce, Can My Wife Claim any rights in my Room. It is Under my name as Tenant. my Wife never stayed at my room (under my name) with me. She was with me at my Parents house and left within 1 month. I want to Divorce my wife same time I want to save my property from my In-Laws & Wife.
Can I Make Deed of Hiba under my mom's name?
or
Do I need to Transfer Tenancy under my mom's name?
I've already made one Power of Attorney for my mom for that home.
will that be sufficient or any other safe guard?
Please Advise
Anonymous
04 January 2012 at 18:06
Dear expert,Wife filed MOP along with for an interim maintainence petition and paid the interim maintainence as for the orders of the courtand the petitition closed and PW -1 examined and closed her evidence and the case is posted for husbande side evidence.inthe mean time counsel for wife issued a notice to the consel for husband to pay the balance interim mainainence to the wife otherwise stating adverse inference can be drawn in the MOP.Is it a valid notice issuing notice to the counsel to pay the interim mainainence by the husband th.counsel?kindly adviceme with any suitable citations.
Anonymous
04 January 2012 at 17:07
hi,
one of my friend has a ancestral property, her father has died and she shares this property with her mother, elder brother and one sister who is married..recently her mother got mutation of the property and his brother, sister and herself made her mother the only owner of the property...i just want to know, Is her right in the property is secure or not?
Anonymous
04 January 2012 at 16:47
please tell me if i can put an rti by email,if yes then how fee should be submitted to public information officer.
Anonymous
04 January 2012 at 13:37
happy new year to all members.facts of case are as.... (1)my wife clearcut denied for coming back at rcr reconcillation(in certified copy of session court order)and filed for d.v. after 5 months.she is reciving maintaince in rcr through sec 24 allready. (2)she filed d.v.case after more than one year of sepration. (3)she give a false MLR of 2 year back date(mlr have no sign of mo,no fee charged,have cutting.first bleeding is written,then crossed and replaced by blunt.no treatment given) (4)all story made by her is false,i submitted documents to prove my side along with my written statement in objections.and req. for its disposal.judge give next date for arguement/intrim order and asked for personal appearence to all accused of my family members(married sister,parents living seprately)what should i do now?please advise
Rajeev
04 January 2012 at 11:04
Normally we see that Police does not file FIR. if we want to put FIR against someone and police is ignoring us then how we can file the FIR or what step can be taken for Filing FIR
Need advice on criminal as well as family law
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