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PMy brother-in-law was in a relationship with a girl for around 4-5 years. Things didn’t work out, and they eventually decided to break up.
A few days ago, she messaged him at night, asking him to come to her house. When he arrived, he found her parents and brother already there. They started arguing with him and then physically assaulted him. They threatened that if he didn’t agree to marry her, they would file a case against him and have him sent to jail.
They then took him to the police station, where the police sided with the girl and pressured him to marry her. Out of fear, he said he needed some time, but the police insisted that he give them a written statement promising to marry her in six months. Due to fear and pressure, he did not ask whether any official complaint had been filed. The police made him write and sign a statement on a blank piece of paper. However, no official complaint has been registered.
Now, my brother-in-law is scared and traumatized. His mother is extremely worried, unable to sleep at night, and already has health issues. He does not want to marry her, but the girl and her family are forcing him.
How should he handle this situation?
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UNormally these written statements before the police dont hold much value in court. However, the girl can still file a complaint against him which can create problems. What your guy should do immediately is to send a letter to the concerned DCP against the physical assault he had to face and in their state about how he was being threatened with a false case and under coercion you were forced to sign a blank paper.
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PCan he send the letter himself, or does he need to hire a lawyer? If so, what are the general fees in Mumbai? He is an ITI holder working on a contract basis, and I don’t think he earns more than 30K per month.
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LOh he shouldn’t have gone there. But if it was a blank piece of paper, it is useless. They can’t do jack shit to BIL. Tell him to be brave, and not marry that woman.
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PYep. He made that mistake . The girl’s family is utterly shameless and disrespectful. My BIL’s mother and sisters have told the girl’s parents that they will never accept this marriage, even if he is somehow forced into it. He will not be allowed to live in the house after the marriage, and they have also stated that he will not receive any share of his father’s property. In fact, the girl’s elder sister also got married by torturing and blackmailing her husband.
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PNAL
The best way out of this is to take the offensive approach.
1. Get a lawyer, file a case for threatening, physical violence, harassment, extortion, fraud against the girl and her family. Send a legal notice.
2. Write a letter to the DCP & commissioner stating that you were harassed by the local police & forced to write a letter without listening to his side.
3. Get an anticipatory bail because right after you do this, the girl is going to file a case against you. Anticipatory bail will make sure no one goes to jail.
4. Gathering all evidences that show that it was mutual, after the break up if you’ve info of her talking to other guys, or her family trying to get her married to others, gather all of it which shows they mutually separated.
5. Arrange a settlement meeting with both parties. Share all the evidences. Sign an affidavit which says you separated mutually, you (or your family) won’t harass or reach each other in future.Mostly it stops as soon as they see a legal notice. But you still need to prepare everything till step 4.
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AIt’s unclear from your post whether a criminal complaint has been filed against your BIL. If no complaint has been filed, he should immediately write to the SSP, detailing everything that happened. After that, he should approach the Hon’ble High Court for police protection. If a complaint has been filed, it would be crucial to obtain a copy of it and strategize accordingly. Until the situation becomes clearer, he must remain cautious and take steps to avoid arrest. Additionally, if a complaint has indeed been filed, he can approach the Court to seek an order ensuring that, in case the police plan to arrest him, he is given at least seven days’ prior notice so that once an FIR is filed he gets adequate time to file for Anticipatory bail.
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MMove heaven and earth to get out of this. Hire a good lawyer even if it costs a fortune. If a relationship doesn’t work out, no one is obligated to marry anyone
If he gets married now, what will come after is even worse with fake 498A cases(fake harassment, fake dowry cases) Not to mention extortion in the name of divorce and alimony .
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PUpdate: He hired a lawyer, who went to the police station to understand the matter. The police stated that no such case was registered in their diary or anywhere else. However, when the lawyer showed them the written statement that the police had made my BIL write, they dismissed it, saying it was just a piece of paper with no legal value.
The lawyer decided not to file an NC, as he feared that the girl’s family might retaliate by filing a false complaint, such as rape or something else. This concern arose because my BIL had gone to her house at night, and there were multiple witnesses present, including her parents, brother, her brother-in-law, and her uncle.
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