• Breaking of engagement before marriage

I got engaged in June and I'm not willing to marry that girl due to her behavior and the mental harassment she is putting me through.
She is lying to me in every single matter whether it's small or big. Not willing to respect my family members and talking to them very rudely. Threatening me that she will lock herself and starve if my family stays with me or if I go there. She has even done this couple of times before. Her parents called up mine and threatened to take action if something happens to her, without knowing the real cause. She has even told me to break this engagement and has sent couple of messages stating that "I did a mistake by agreeing for this marriage" and "I would have found a better girl if I hadn't committed."
I tried to convince and talk to her about all these things I'm going through but her behavior never changed rather it has become worse than before. A week back she had locked herself for 2 days due to reason unknown to us and her father called my mom and threatened because of with she suffered trauma and was hospitalized.  
 After all this both of our parents and elders discussed about this matter and it was mutually agreed to break the engagement and marriage after financial settlement. On 12th Dec this discussion happened and it was decided to meet up on 21st of this month at predefined place and time convenient to both the families. Since then none of our families or we have any sort of communication. Now 2 days before the meeting my dad got a call from the DSP's office stating that the parents have approached them and filing a police case against your family as the girl is threatening to commit suicide if this marriage doesn't materialize. They told us to discuss about this matter by coming to their hometown and not to the earlier agreed location and if we don't turn up then they will file a case against us.
I don't want to marrying a girl with such behavior and I won't be happy with her. Me and my family are going through very hard time.
Please suggest me what should I do next.
Asked 2 years ago in Family Law from Navi Mumbai, Maharashtra
Religion: Hindu
1) it appears your fiancee is suffering from mental problems . better consult a psychiatrist 

2) dont marry her under pressure . it is better you call off the engagement  and pay them expenses incurred for the engagement 

3) it does not make any sense in marrying a girl who warns you not  to keep in touch with your family after marriage 

4) your life will become hell after marriage if you proceed with marriage
Ajay Sethi
Advocate, Mumbai
23308 Answers
1220 Consultations
5.0 on 5.0
Hi,
1. Legally you are not any way liable to her, if you did not have a physical relationship with her, have the courage to call off the marriage  and offer to compensate for their loss if any. Hope that you have not accepted any money from her family. As no one can force you to marry anyone.

2.If in case you were in a living -in relationship or had a physical relationship with her, you should handle it wisely, as she can file a complaint under 376 and 506 . Try to end the issue amicably and call off the marriage .There will be certainly problems due to the girl's psychological immaturity.The demands cannot be such a way that you should cut your ties with your family, this will not allow you to breath when she threatens you for every small issues or for her demands .
4. In case they do not come or agree for canceling the marriage, send them a legal notice , by calling off  marriage . State the specific reasons as you have mentioned in your question . This will pressurize them to come forward for a settlement and also help you as a defense.
Thresiamma G. Mathew
Advocate, Mumbai
1316 Answers
85 Consultations
5.0 on 5.0
Hi, since your marriage was not solomanize your  not liable for either to pay compensation or maintenance do one thing you can call off your marriage by writing either by letter or by mail and if they lodg any police complaint better you have to apply for anticipatory bail.
Pradeep Bharathipura
Advocate, Bangalore
4105 Answers
133 Consultations
4.3 on 5.0
1. Find out what has been compleined against you. If it has been mentioned any where that the gorl will commit suicide if you do not marry her, then lodge a police complaint against her for blackmailing her,

2. Hope there is no ingredient of dowry in your case which she can complaint,

3. Do not marry the said lady under any circumstances,

4. Contest the cases/complaints, if filed by her in future, fittingly on merits.
Krishna Kishore Ganguly
Advocate, Kolkata
12123 Answers
232 Consultations
5.0 on 5.0
You are under no obligation to marry her. Met then and give your piece of mind to them clearly. If you haven't had any sort of sexual relationship with the girl after engagement then it is better to pay the expenses of the engagement and move away. The girl family cannot force you to marry if the girl is threatening you that she will commit suicide. You cannot be held liable for that only if you speak in clear terms before the police authorities. Further do not delete any of her messages. That can be used as evidence that she did not want to marry you.
Shaveta Chaudhary (Sanghi)
Advocate, Chandigarh
821 Answers
60 Consultations
5.0 on 5.0
1. Engagement does not bind either of the two persons to marry the other person to whom he/she is engaged. So you can break it at any time. 

2. Legal consequences can ensue out of the breaking of the engagement only if you had a physical relationship with this girl prior to or after the engagement ceremony, or in the event that you had accepted dowry from her. If these 2 conditions are fulfilled then alone you can be prosecuted for the offence of rape, cheating and also dowry demand. However, if these two conditions are not attracted to your case then you are on the right side of the law, and have nothing to worry about.

3. If any gifts have been exchanged before or after the engagement the same should be returned forthwith against an acknowledgment. The expenses incurred by them should also be returned to them.

4. In the event that the girl commits suicide you can be prosecuted for her suicide. So if police lodges any case against you then you should immediately take anticipatory bail from the court to preempt your arrest.
Ashish Davessar
Advocate, Jaipur
18167 Answers
449 Consultations
5.0 on 5.0
Dear Querist
don't marry with her at this situation, who is the adamant before marriage then think about your future and her actions upon you and your family.

talk to DSP and try to settle the matter amicably with the opposite party in front of police official, if not possible then send an information cum complaint against her and her family members who threaten and pressurized to solemnized the marriage before NHRC/NCW/SSP/Commissioner of Police and these information cum complaint should be non-actionable and only for record, no need to do that under pressure.
Nadeem Qureshi
Advocate, New Delhi
3537 Answers
130 Consultations
4.9 on 5.0

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