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Nitin (AM)     06 May 2015

Need help in rape case in delhi

Hi Experts, I need your assistance on the case which has filed against my younger brother by cousin sister. They both were in relation with each others for about 4 years but parents were not aware. My cousin sister was visiting him more often in different city for months telling their parents a lie. In this relation, they made few mistake which leads pregnancy and they did abortion as well. My cousin sister is not angry and has filed case that my brother is not getting married to her even after making promises and commitments. As per the statement of my brother, he doesn’t want to marry as he was addressing her from the last two years that he will not be marrying her. As per her FIR, brother has got bail but on the condition that they both will get married from lower court. This will be now moving forward to Supreme Court for final proceedings once investigation officer files the report in about months. As per my lawyer, it would be very difficult to handle as court will listen the allegation made by girl only not by boy. THEY BOTH ARE FIRST COUSIIN and Hindu as well. Why it is so difficult to listen the story of a boy when this relation was on mutual consent and understanding the fact that girl was visiting him more often. I know they both made crime with this but crime is done by both ? They both are putting allegation on each other’s and still that girl wants to marry her as her only choice. Family is tense about this matter and not getting any way out. Please assist. Thanks!


 18 Replies

N R Dash.. (Advocate)     06 May 2015

It is a prohibited relationship as both of them are sapindas. Mutually discuss among your families and try for an amicable settlement of the matter.

Nitin (AM)     07 May 2015

Thanks Mr. Dash for your response.

We we have tried our best to discuss with girl's family and they are also trying to explain the concequecies of the matter to the gril but she is still demanding for the marriage. Boy is putting allegation in defence to that girl and we are not sure where this case will be heading to.

Can court understand the point of view of boy  as it was a mutual relationship not a rape. Girl has also not gone for the medical test as per the FIR report and has made false allegation that the boy is threaten and beaten her in the past when she was at her place without telling her parents.

If the court will not listen to the boy side of story then It seems unfortunately the boy will not have a way out other than accepting her for marriage. Please advice.

Thanks !

Adv k . mahesh (advocate)     07 May 2015

why are you thinking only from the point of boy why not girl side, already they know and also they continued the relation and finally you came and disagree for the relation and now all are in a situation to settle the issue from girl side

thus in your words both agreed for the relation and now going to court and saying that why only listen to girl why not boy

 

Nitin (AM)     07 May 2015

Dear Mahesh sir, I hope you have read the details about the case. The boy has allegation that the girl has compelled him emotionally and had visited his place more often for the intension of s*x so that the boy will not have any choice to say No for marriage. The boy was telling her since long that he will not be marrying her because they are first cousin. They both are matured and adult.

 Girl has added false allegation also to compell him for marriage and boy is also putting allegation by mentioning the girl character less and having other releation as well. The most important thing is that girl has visited him not he visited her place for this relation.

What is your take on this case now? Thanks !

Adv k . mahesh (advocate)     07 May 2015

go to your first query

They both were in relation with each others for about 4 years but parents were not aware

They both are matured and adult.

In this relation, they made few mistake which leads pregnancy and they did abortion as well

i am not elobarating your own points but making you realise who is at fault if she came with a bad intention what happened to boy who is also a matured person cant he ignore her being her cousin and complain to their parents a single moment is enough to complain about her to their parents why he waited all this 4 years and finally you say that since 2 years he is refusing her to marry after all the relation is over even abortion

better to marry her or fight the case if any merits then he will win or court also will direct the same

Nitin (AM)     07 May 2015

I buy your points sir but what about the first cousin. Both of them are sapindas..do you think it is legal in India?

What will be result of the marriage if they are putting allegatioon on each others. how many days this marriage will stand even if they both get married ?

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     07 May 2015

Dear Querist

marriage between the first cousins are prohibited.

 

it will be better to settle the matter amicablly or fight the case on merit.

TGK REDDI (No designation)     17 May 2015

Shri Nitin's Advocate is to be appreciated.     Courts don't listen to boys (means, of course, men).

Not only Courts but also people.

Compromise resorting to marriage is a remedy worse than the disease.     It's anarchical.      Such a remedy is allowed only if the girl likes the boy.     Pardon me.     Premarital and post-marital adultery is a commonplace.    A girl invariably has s*x with so many boys and men before marriage.     How can she ask a particular person to marry her?      Marriage assumes a form of punishment.       Why can't males say that many others too are responsible?

Females are not so innocent to be so easily deceived.      Is it not the responsibility of females to refrain from s*x till marriage takes place?        Why, then, is man only  punished?

Nitin (AM)     17 September 2015

Hi Experts, I would like to draw your attention to this case again and would seek for your valuable advise. As per the current situation, court hearing are continue to discuss the charge sheet,however, no charges have been discussed as if now. Boy's advocate is fighting to make it section 90 instead of 376 which looks more relevate as per the straight guidelines of supreme court. We still trying the best possible way to convince girl for not going ahead with this case, as it has no benefits because it is clearly discuss the mistake was done by both and it was conceptual s*x only. At present she has no demand of getting married to that boy (my brother) but she wants to distroy his life and future. I dont what kind of relief she may feel if that happens by taking him to jail. Her father also conceptually understanding the matter but has been quite and waiting for court result only. As per him, he only want to see whoes fault it is. Not sure if it is the right approach ?. Any idea where this case is heading to ? What best possible a family can do to close this matter? Pls advise.

SuperHero (Manager)     17 September 2015

Four Years into a relationship that too with cousin. They both had good time. Now both and there families has to roam around courts.

Karma is the Sanskrit word for action. It is equivalent to Newton's law of 'every action must have a reaction'. When we think, speak or act we initiate a force that will react accordingly. This returning force maybe modified, changed or suspended, but most people will not be able eradicate it

All reconciliations have failed, that is the reason the matter went into court.

Now only Court can solve the matter.

 

Nitin (AM)     17 September 2015

Thanks for the above post. However, I am practically looking for suggested option to deal. Any suggestion out of the box would be welcome here. Thanks

advocatepassy@gmail.com 971794 (Advocate)     18 September 2015

Nitin, they are both adults and have fun with each other because they were pretty sure that they cannot marry each other.  Something what your brother had said or done to her, made her really angry.  Now she is hell bound to punish him by seeing him behind bars.  Please tell your brother to meet her and sincerely apologises to her.    It is not that courts do not hear boy's side.  They do but generally the law and the society conscious is tilted towards women, hence this perception.  Your brother's lawyer should highlight that it was consensual act between two adults which itself is not prohibited.  They had gone for oboe tigon, that too is not prohibited.  It is hurt hurt ego, which could be massaged by sincerely apolozing to her in front of her and her close relatives. 

1 Like

SuperHero (Manager)     18 September 2015

So basically Fall on her feet and ask for forgiveness or mercy.

1 Like

Nitin (AM)     20 September 2015

Thanks Vinod ji for your inputs. That should be the way if ego is hurt of someone.


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