Kill threat
Sanjeev
(Querist) 20 July 2020
This query is : Resolved
Dear Experts,
My girlfriend's brother is threating to kill her or me and hurt families. We both don't want to get married as family is not agreeing because we are cousins. So we decided to stay single and live independently. But her brother wants her to marry someone, else he would hurt her family and he will kill her an go to jail. He is threating and fighting with family everyday.
Kindly advise, What actions can be taken here.
Guest
(Expert) 20 July 2020
First confirm whether you both are Major (age ) please.
Sanjeev
(Querist) 20 July 2020
Hi Sir, thanks for looking into this. I am 33 and she is 30. She is my Father's Mother's Sister's Son's Daughter. I know we come under Sapindha and as per HMA, this is prohibited. More over society may not accept us. So we decided not to marry anyone.
Guest
(Expert) 20 July 2020
" True Love is Sacrifice, It is in giving not in getting , in losing not in gaining , in realizing not in possessing what we Love"
Rajendra K Goyal
(Expert) 20 July 2020
If the relation is under Spinda relationship, normally you can not marry her legally.
Try to convince her to marry as per wishes of her parents.
If anybody is threatening to kill you, try to have proofs by recording the threat / through independent witness and lodge police complaint.
Dr J C Vashista
(Expert) 21 July 2020
What is your objection in getting your sister (so called girl-friend) married with someone else and enjoy her married life ?
Dr J C Vashista
(Expert) 21 July 2020
Let your alleged girl-friend marry someone out of prohibited spinda as decided by her brother with other family members.
Sudhir Kumar, Advocate
(Expert) 21 July 2020
Actually she should register FIR on both of you. But he is creating ground for FIR against him.
Illegality or immorality of your action doe snot justify him to threat.
Guest
(Expert) 21 July 2020
" Love knows no reason , no boundaries, no distance. It has a sole intention of bringing people together to a time called forever ".
Guest
(Expert) 21 July 2020
" Justice could be blind as love " --Toba Beta
P. Venu
(Expert) 21 July 2020
The author's postings suggest the author himself is confused. As to the issues he has raised, the no one is authorised to tale law in his lands; there are legal remedies available.
As regards to sapinda relationship in marriage, the law does not postulate any illegality or immorality, but only renders it void in certain specified contexts.
Rajendra K Goyal
(Expert) 21 July 2020
Given situation warrants that if you do not leave her to marry as per her parents wish or otherwise and prefer to lodge FIR against her brother for threats, as reaction no. of cases can be filed against you. In such case, she would be witnessing against you as her brother is involved and normally he would be preferred before you.
Dr J C Vashista
(Expert) 21 July 2020
You have made yourself liable to be prosecuted under the given circumstances.
It is advisable to keep yourself away from marriage of your sister (s0 called girl-friend)
P. Venu
(Expert) 21 July 2020
In my understanding, a sapinda marriage does not entail any prosecution (except, of course, by KHAP Panchayats). If so, law could not have provided exceptions based on customs.
