Shiva Kumar 22 September 2018

need suggestion

my brother is being forced by my dad's sister to get him married to her daughter. few years back he just went to her home as a family she took pics of my brother with her daughter and later she used those pictures and started blackmailing my mom and wanted my brother to marry her at any cost. my brother is innocent in this issue... if she files a case it will be a risk for his job. we wanted suggestion how to go in legally.

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Vijay Raj Mahajan (Advocate) 22 September 2018

This marriage is unlawful under the Hindu Marriage Act, 1955 for Hindus. If the woman insisting it let her be told that forcing anyone for unlawful act is punishable offence for which she can be prosecuted and punished. Let her go and lodge police complaint that you are refusing for this marriage as it is not valid marriage, she will herself be taken to task by police. The marriage between two person who are within prohibited relationship is null and void under the HMA, unless there is any custom or usage in their family or community and such practice has not discontinued and is unlawful and not against the public policy.

Samarpan (M)99958670740 (Free legal advice and legal aid cell) 23 September 2018

In certain States, as per the custom such marriage is valid. If she files a case, surrender to her or contest the case on merits. There is no third way.