• Calling off marriage after engagement

I am 37 year old Hindu living in UK and i want to call off my marriage . girls father is forcing marriage. If I dont get married he says he will file a case of women defamation IPC 420 and IPC 498 for accepting dowry.
here is my full story:
I got engaged with daughter of my fathers friend in sep 2008 forcefully and my parents accepted dowry. 
I was not in position to oppose them as I took my daughter home who is born without wedlock from a Muslim girl. I took child with me so that there is no shame on my girlfriend and we separated. The girls family are unaware of my past relationship, they are told I had a wife and passed away. 
Because I came to uk in 2010 and did not returned the girls family is furious and I am scared to return to India . I do not want to marry as I don't want to give step mother to my child not I love this woman . What should I do?
Asked 7 years ago in Criminal Law
Religion: Hindu

2 answers received in 10 minutes.

Lawyers are available now to answer your questions.

8 Answers

1) return dowry accepted by your parents

2) no case of cheating is made out

3) you are at liberty to call off engagement

4) cannot be forced to marry against your wishes

5) don't return to India

6) if any FIR is lodged come back to India and obtain anticipatory bail from sessions court

Ajay Sethi
Advocate, Mumbai
95222 Answers
7612 Consultations

5.0 on 5.0

Nobody can force you to marry this girl against your wish.

If her father is threatening to slap cheating as well dory demand offences cases on you, ask him to go ahead, because it is he who has done a wrong thing by giving dowry for the marriage that has not taken place even after seven years from the date the dowry amount was allegedly given.

Nothing prevented him to lodge a police or criminal complaint for all these seven years is he is insisting to have given the said amount.

Any such case will be maintainable at this stage, he may fight a losing battle.

You can make your intention clear that you cannot marry her.

They cannot proceed as they are threatening.

T Kalaiselvan
Advocate, Vellore
85422 Answers
2239 Consultations

5.0 on 5.0

1.Do Not worry as those threats are mostly empty.

2.Before calling off the marriage do return all of their gifts,if any and keep documentary proof thereof.

3. Compensate the costs of marriage preparations,if any also .

4.if you do take care of these things then calling off marriage would not attract any penal action.

5. DO remember cancelling a marriage in itself a no crime and hence nothing to worry on this account.

Devajyoti Barman
Advocate, Kolkata
22921 Answers
498 Consultations

5.0 on 5.0

1. The marriage can be called off at anytime after engagement. Engagement does not bind you to marry the person you get engaged to. A promise to marry can be rescinded in view of subsequent circumstances.

2. Record the threats of girl's father so that you can fittingly contest any false case that he may file.

3. In the event a FIR gets registered against you then apply for and obtain anticipatory bail.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

1)let the muslim girl execute an affidavit that she left india on her own accord

2) that she had consensual physical relationship with you

3) that she had a child out of said affair with you and does not want to marry you

4) affidavit should be attested before indian consulate

5) in case your parents inform you that police had come to their residence for enquires forward copy of said affidavit to the police station

Ajay Sethi
Advocate, Mumbai
95222 Answers
7612 Consultations

5.0 on 5.0

1. What document of engagement and also acceptance of dowry by your parents to they bhave to implicate you?

2.Complaint u/s498A is for harassing wife for dowry.

3. They can file a complaint under dowry prohibition act, 1961.

4. There should not be any evidence that you have had s*x with her promising her marriage and in that case it will be treated as rape.

5. Under the given circumstances, you should not complicate the matter by marrying your father's daughter and you can not be implicated for your father's taking dowry without your knowledge.

6. You should send a formal information to them that you are not in position to marry her for your personal and unavoidable reason.

Krishna Kishore Ganguly
Advocate, Kolkata
27245 Answers
726 Consultations

5.0 on 5.0

1. Since the girl is an adult and has not yet lodged any complaint against you, police is not likely to act based on her father's complaint.

2. Even if police acts against you based on her father's complaint, it will not stand if she deposes in your favour stating that she or her child has not been abducted.

3. Lodge a police complaint from abroad about her father's threat to kill you if you return to India after audio/video recording his such threats.

4.As of now, n case has yet been filed against you for which you shall not be arrested at all.

5. if any complaint is lodged against you, the matter shall be enquired by the police by calling you to the police station and if complaint is converted to FIR, you shall come to know about it and shall have to take anticipatory bail for the said FIR.

6. Thereafter you shall have to contest the case fittingly by engaging a local lawyer having expertise in this field.

Krishna Kishore Ganguly
Advocate, Kolkata
27245 Answers
726 Consultations

5.0 on 5.0

There is no reason to get arrested in India for an alleged offense reportedly committed in a foreign country

The abduction issue is not related to cheating subject pending in India

T Kalaiselvan
Advocate, Vellore
85422 Answers
2239 Consultations

5.0 on 5.0

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer