• Breaking an engagement

I'm 28 years old man and live in navi mumbai. I had my engagement last month on 2 Nov 2014. It was a huge engagement and population was around 1000 people. After engagement girl seduced me and we did cuddling, kissing and touched each other's private parts but never had sexual intercourse. Now I want to break my engagement due to some family reasons. We didn't demand for a dowry. I had gifted girl with expensive watch, sunglasses and some jewelry. In return she never gifted me anything. We also gave her golden bangles in engagement along with ring. Now they have done most of the wedding preparations like printing wedding cards, arrangement of wedding place, have paid for wedding time food arrangements. The marriage date is fixed as 22nd Feb 2014. I have informed them about denial of a marriage on 27th Dec 2014. They want to discuss the things and want to force me to get married. I don't demand anything in back but I want this to be broken without any legal implication. I want to know whether they can take any legal action or not? How can this matter be solved internally?
Asked 2 years ago in Family Law from Navi Mumbai, Maharashtra
Religion: Hindu
1) you can agree to reimburse expenses incurred on engagement . 

2) let your  fiance retain gifts given at time of engagement 

3) you can agree to meet them for discussions . 

4) you cant be forced to marry her . 

5) they may sue you on account of breach of promise to marry and claim damages under section 73 and 74 of indian contract 

6) also file police complaint against you for cheating
Ajay Sethi
Advocate, Mumbai
23302 Answers
1220 Consultations
5.0 on 5.0
1) you didnt have sexual intercourse with her . merely kissed and cuddled her . 

2) the Bombay high court has ruled that every breach of promise to marry is not rape and pre-marital sex between couples is no longer shocking in India's big cities. 

3)"Nowadays keeping (a) sexual relationship while having an affair or before marriage is not shocking as it was earlier. A couple may decide to experience sex. Today especially in metros like Mumbai and Pune, society is becoming more and more permissive," said Justice Mridula Bhatkar, adding, "Though unlike western countries, we have social taboo and are hesitant to accept free sexual relationship between unmarried couples or youngsters as their basic biological need; the court cannot be oblivious to a fact of changing behavioural norms and patterns between man and woman relationship in society

4)you wont go to jail . dont worry . at most if they file a  case you may have to obtain bail and contest case on merits
Ajay Sethi
Advocate, Mumbai
23302 Answers
1220 Consultations
5.0 on 5.0
Breaking an engagement is no offence. However the matter in your case must settle amicably. U never know what the girl has in mind. She may claim that you seduced her. And you wont have anything to prove that she was the one who seduced. 

Reimburse all the expenses they have undergone during engagement and for all the bookings etc. And tell them frankly that you won't be able to keep her happy etc and try to settle the matter with discussions.
Shaveta Chaudhary (Sanghi)
Advocate, Chandigarh
821 Answers
60 Consultations
5.0 on 5.0
Hello,
1) It would be advisable to settle the issue amicably. Be prepared to compensate them for all the expenses incurred by them.
2) Do not be worried about a police complaint as it is quite unlikely to approach the police with it. And besides this premarital sex is no longer considered an offence especially in the light of the fact that it was consented sex.
3) Once you have discussed reached a settlement ensure that you reduce it into writing so that the won't be any counter claims
S J Mathew
Advocate, Mumbai
1950 Answers
65 Consultations
5.0 on 5.0
1. You can not be forced to marry her if you do not want to,

2. Howver, certainly you can be taken into task legally for breaching the contract putting them in huge problem socially, emotionally and also financially,

3. They can claim huge damage from you,

4. They can also bring false dowry demand allegation against you,

5. Settle the matter amicably agreeing to compensate some of their expenses.
Krishna Kishore Ganguly
Advocate, Kolkata
12123 Answers
232 Consultations
5.0 on 5.0
1. If you agree to bear their expenses, then I do not thing that any case will stand against you to trouble you,

2. You can forget about your physical encounter with the girl since there is no evidence for it.
Krishna Kishore Ganguly
Advocate, Kolkata
12123 Answers
232 Consultations
5.0 on 5.0
Settle the matter amicably. 

Reimburse all the expenses they have undergone during engagement and other expenses meet by them for marriage etc. 

premarital sex is no longer considered an offence but you are breaching the contract and putting girls family in problems which is  socially, emotionally and also financially affected them . So if you are not settle the matter amicably ,you will face the battle and be prepared to compensate them for all the expenses incurred by them.
Ajay N S
Advocate, Ernakulam
1916 Answers
19 Consultations
5.0 on 5.0
1. Breaking up of an engagement is basically a breach of contract in legal sense and a suit for damages for that can lie. However, it may be added that only on the basis of engagement one can't be forced to marry against his wishes. Engagement does not obligate a person to marry the one to who he/she is engaged. 

2. The gifts exchanged should be returned forthwith. Furthermore, the expenses incurred by both the families on engagement should be reimbursed. 

3. No court can force you to marry her.
Ashish Davessar
Advocate, Jaipur
18167 Answers
449 Consultations
5.0 on 5.0
1. You did not had intercourse with her. You merely kissed and touched her. Kissing and touching cannot be proved in the court.

2. Although no legal action except for breach of contract can lie against you, yet if a criminal case for cheating is filed then you should take anticipatory bail to avoid going to jail.
Ashish Davessar
Advocate, Jaipur
18167 Answers
449 Consultations
5.0 on 5.0
Hi, it is better settle the matter amicable you just convenience the girl and tried to solve the problem amicable.
Pradeep Bharathipura
Advocate, Bangalore
4105 Answers
133 Consultations
4.3 on 5.0
Certainly you can not compensate in terms of money the social stigma being received by her or her family on account of your withdrawal from the marriage. Whatever may be your justification,you are not right morally but legally you may have been saved.

Thanking you,
Subash M R
Advocate, Bangalore
176 Answers
8 Consultations
3.6 on 5.0

Ask a Lawyer

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

Family Lawyers

T Kalaiselvan
Advocate, Vellore
14077 Answers
127 Consultations
5.0 on 5.0
Ajay Sethi
Advocate, Mumbai
23302 Answers
1220 Consultations
5.0 on 5.0
Ashish Davessar
Advocate, Jaipur
18167 Answers
449 Consultations
5.0 on 5.0
Krishna Kishore Ganguly
Advocate, Kolkata
12123 Answers
232 Consultations
5.0 on 5.0
Devajyoti Barman
Advocate, Kolkata
5231 Answers
54 Consultations
4.9 on 5.0
Nadeem Qureshi
Advocate, New Delhi
3537 Answers
130 Consultations
4.9 on 5.0
Rajgopalan Sripathi
Advocate, Hyderabad
868 Answers
43 Consultations
5.0 on 5.0
Atulay Nehra
Advocate, Noida
438 Answers
15 Consultations
4.7 on 5.0
Shivendra Pratap Singh
Advocate, Lucknow
2760 Answers
41 Consultations
4.9 on 5.0
Ajay N S
Advocate, Ernakulam
1916 Answers
19 Consultations
5.0 on 5.0