Please advice
Manoj Kumar
(Querist) 16 February 2012
This query is : Resolved
Hello All,
After a long search I found this space.I will keep it to the point. Here is my Query:-
1.My brother (age28) married a girl(age26) in a temple without our knowledge.
2.Because of XYZ reasons we can not accept this marriage and bring that girl home.
3.As my brother was confused so he was not leaving us, and as we were not aware of their marriage so we were looking some girls for him. The girl came to know and she filed a case against my mom dad and brother just asking saying that they were living as husband and wife and a stay on the second marriage should be given( its in the court as I write).
note:- she has pics of their marriage but no one from our family was there.
4.In the first hearing my brother accepted that he married her.And we (family) denied that we knew it.
we have given the boy freedom of living with her but he doesnt want to leave the parents as well so he is not able to decide yet but as the case is going on and both the girl and boy accepted in front of court that they want to live together but they are thinking that the families might accept them ( which is somehow not possible at all).
The scenario is - her father wantes to take revenge from us now saying that I want all of you in jail etc.not because we are not accepting his daughter but because of thier marriage and all.
Now the questions I need you expert advice are:-
1. As my brother has accepted the marriage, can any criminal case be filed ( under her father's pressure) against my brother such as sexual harassment,dowry,cheating keeping in mind that the girl has already said in her case that they are married and they were living as husband and wife?
2.Is there any harm (legally) she/her father can do to my parents based on this scenario?
I know morally my brother is wrong as he must stay with the girl but I am here to take legal advice.Please advice soon, It would be very helpful.Please let me know if anything is not clear here.
Thanks.
Manoj Kumar
(Querist) 16 February 2012
Thank you all for the quick reply. I hope the dispute resolves soon. It would be nice if you advise me on my email : manoj.kumar2204@gmail.com
Thanks again.
Regards,
Manoj
Deepak Nair
(Expert) 16 February 2012
Dear Manoj,
Both the girl and boy have agreed before the court that they are married. Now it is upon your brother to decide what to do.
No criminal case lies against you r parent and you as you people have done nothing wrong. Since the girl have never lived in your house, they cannot file any case under domestic violence act, dowry etc.
But, what case the girl have filed?? I never came across such a case where the girl hides her marriage from parents and filed case for stay of second marriage.
Something is missing in your query or there is some fishy in your query.
Is it an imaginary question?? If not, then post the details of the case.
ajay sethi
(Expert) 16 February 2012
well advised by deepak nair .
since your brother has married against your wishes it is advisable that they should stay separate . the threats by wife father of sending whole family to jail should make you doubly cautious .
as pointed out by deepak nair since they are not residng with your family so no question of being dragged into DV mess .admittedly family was not aware of the wedding and in none of photographs taken was any member of family present .
Kiran Kumar
(Expert) 16 February 2012
its better to settle the matter amibcably...wife of your brother is also a human being...I dont know what compels your family not to accept this relationship but it will be wiser to be human and respect the relationship.
I pity your brother who has not been able to take a firm stand.
father of the girl may not have any locus standi to proceed against your people but in future various developments may take place.
honor the relationship and rather than remaining entangled in legal disputes its better to live peacefully.
Manoj Kumar
(Querist) 16 February 2012
Thanks all for the reply...
Deepak:- There is nothing fishy and its not a imaginary question.I am away from home but I called my mom to get the details of the case.This is what she could tell:- This is a case of permanant injection.Civil suit and according to hindu marriage act 9-13(a) she has filed it for stay on the second marriage.
Ajay:- Yes that why we are being caucious as the father can press his daughter for filing something against as I already told you that he(boy) is not able to take stand (either live with the family of with the girl).
Kiran:- There can always some social bondaries that my parents has to follow , Living in the society has to be with society rules, and it becomes critical when you are living in a village.I already said that if that could have been possible then we might have done already.I am not being against your thoughts and I agree that my brother should take a stand and being this open my parents have asked him to take a stand and live life with her properly but not in the family. And we know that she is also a human being and we respect her as well and we do not say anything bad to that girl, we say that the mistake is from boy's side as he should have been firm and confident thatr wether this relation would be accepted by family before they got married.
Now the thing is that :-
1. Girl is ready to move in our family (which my parents would not allow) or she is ready to move with my prother alone as well. And we have respectfully asked her the same as well.
2.My brother is not able to take stand, But he is free to go with that girl without any issue from the family.
But the point here is that the father of the girl doesnt want his daughter to be with my brother and he wants all of us to suffer what my brother did .
As Kiran said we tried to talk to the girls father but he says that he wount talk to us and he just wants to send all of us in jail.
As the girl can be forced by her father to file any case against my parents /brother etc. That is why I am asking these questions to you. whether any such case can be filed.
I think of one case which can be of cheating/sexual harrassment on my brother but that i guess doen't have stand as they have accepted in the current case that they are married.
Thanks again for your time and valuable suggestoins.Please let me know if anything else is not clear.
Regards
manoj
Sankaranarayanan
(Expert) 16 February 2012
I agreed with experts points of opinion
Deepak Nair
(Expert) 17 February 2012
Under no circumstances, her father can send you to jail. The girl herself has admitted that they have married bythier own wish and consent.
Above all it is the wife who have approached the court and she is willing to live with your brother.
As you said, since they have accepted the marriage, such baseless allegations does not have a stand.
Manoj Kumar
(Querist) 17 February 2012
Thanks Deepak. logically ,This is what I thought as well. Thanks all of you for your Advise. I appreciate it.
