• Legal implications of calling off wedding for no reason

Hello everyone,

I met a guy through matrimonial portal (Shaadi.com). we had a word with each other found that we are highly compatible. Hence we conveyed this to our parents and even they agreed and his parents asked to conduct a Roka ceremony and demanded that all functions of marriage shall be from Delhi itself (Girls side is from Jamshedpur, Jharkhand) to which we agreed. 
They wanted a grand roka ceremony wherein we spent around 1.5 lakhs which includes banquet hall and milni to their relatives.
On this my father agreed that he will spend 20 lakhs on wedding. 
After Roka boy's family started presurrising to spend lavishly on wedding (in short they wanted wedding in a 5 star hotel) which was completely out of my parents budget. Meanwhile they used to pressurize me to get 20 lakhs for booking 5 star hall for marriage. 
After roka the guy started torturing me saying "you are beggars, u dont have money, your father doesnt want to spend as u r the only daughter" and even his parents started torturing me with all their tantrums.
once i was down with fever they called me to their home asking that they will take care as i stay alone. I was again tortured there. while my stay at their house the guy asked me for sexual favours to which i denied but he persuaded and threatened me that he will call off the wedding. and later convinced theres no harm in doing it as soon he is gonna be my husband.
I was forced to pay 4 lakhs rupee as an advance for the five star hotel they liked as venue.
After sometime the issues got worse and they arranged a meeting with my father to discuss. my father travelled to delhi from orissa. the day we were supposed to meet my father requested them to conduct this meeting at their place, to which they got aggressive and called off wedding just like that. however my father tried to smooth out the matter but as they are too arrogant they didnot bother to talk.
we went to the venue to cancel the booking but they said they dont refund money, however they will try. Since then boy's family is all silent on this issue. 

I had a query can i file a case against them?
If yes what will be the sections?
I have a case pending in court wherein a guy promised to marry me and later i came to know he was already married. and these people knows about the case. will this affect current matter.

I have been cheated and exploited financially, mentally physically. Because of them i m undergoing a deep trauma.
kindly suggest what should i do?
Asked 6 years ago in Criminal Law
Religion: Hindu

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29 Answers

1. Though cancellation of marriage itself doesn't give rise to any actionable wrong, if its done due to non fulfilment of their dowry demand a criminal case under dowry prohibition act can be filed.

2. Moreover you can file suit for claiming expenses incurred and for damages caused out of cancellation of marriage.

So decide your action accordingly.

Devajyoti Barman
Advocate, Kolkata
22779 Answers
484 Consultations

5.0 on 5.0

Hi, since there intentions was to extract money from your parents , and this only being the reason for the cancelation of marriage , it is a criminal offence of cheating , fraud and dowry demand ... File a complaint in the women cell as well to commissioner of police .. 2) if he had sexual intetcourse with you , he is punishable under section 376 IPC amounting to rape .. As , having physical relation with a false promise of marriage amounts to rape ... It is advisable to draft a complaint from an advocate and give it to the women cell as well as to the conmmisioner of police ..

Hemant Chaudhary
Advocate, Gurgaon
4630 Answers
67 Consultations

4.9 on 5.0

1. From the beginning you went on succumbing to all their unreasonable demands.

2. It is for god's blessing that they showed their true colour before the marriage. Had the marriage been over and they showed their true picture thereafter, you would have suffered irreparable loss and damage.

3. Have they informed anything in writing about calling off the wedding already fixed by you?

4. If yes, then you can lodge a police complaint alleging that they have called off the marriage since you failed to pay the huge amount of dowry they demanded at the last stage of arrangement of the wedding.

5. You won't have to site any section of law while lodging the complaint which is the job of police.

6. Also mention in the said complaint that they have already made you spending so much of money on arrangements of marriage at their place which they should have actually spent.

7. If police refuses or neglects to act, file a Writ Petition before the High Court against police inaction praying for a direction upon the police to register FIR based on your complaint and investigate and act according to law.

Krishna Kishore Ganguly
Advocate, Kolkata
27191 Answers
726 Consultations

5.0 on 5.0

1. This recording might not help you much since it does not have any recording of their asking for dowry which you have been advised to complaint against.

2. There is no written agreement for the marriage and calling off a marriage can not be treated as a crime as per IPC .

3. So, you shall have to lodge the complaint alleging some act of those people which are illegal as per law like demanding and forcing to pay dowry.

4. This is the reason why you have been advised to lodge a complaint for demanding huge amount towards dowry and cancelling the marriage for not being able to pay the said amount claimed towards dowry.

5. Demanding dowry is a crime and you have good opportunity to establish that they have called off the marriage for not getting the dowry as demanded by them.

Krishna Kishore Ganguly
Advocate, Kolkata
27191 Answers
726 Consultations

5.0 on 5.0

I have already advised. If you wish you can take the legal recourse as advised.

Devajyoti Barman
Advocate, Kolkata
22779 Answers
484 Consultations

5.0 on 5.0

1) file police complaint against accused under section 376 , 420 , 498A of IPC against your fiancée

2) mention that he forced you to have sex with him under promise of marriage,demanded dowry and when you failed to pay called off marriage

Ajay Sethi
Advocate, Mumbai
94523 Answers
7485 Consultations

5.0 on 5.0

1) file police complaint at the earliest as mentioned herein above

Ajay Sethi
Advocate, Mumbai
94523 Answers
7485 Consultations

5.0 on 5.0

You should file police complaint against your fiancée before local police station

2) your fiancée had sex with you under promise of marriage

3) demanded marriage be solemnised in five star hotel

4) made your parents pay Rs 4 lakhs as booking amount and when they cancelled marriage failed to reimburse you fir expenses incurred

Ajay Sethi
Advocate, Mumbai
94523 Answers
7485 Consultations

5.0 on 5.0

Go yo the police and lodge complaint of dowry harassment.

Devajyoti Barman
Advocate, Kolkata
22779 Answers
484 Consultations

5.0 on 5.0

1. They have decided to call off the wedding showing some reason which could have been overlooked.

2. You have tried your level best to amicably settle the. matter but failed.

3. You are left with the option of filing the police complaint alleging dowry demand to teach them a good lesson as advised in my earlier post.

4. You can also lodge a police complaint against groom for establishing physical relation with you by assuring marriage and declining to marry thereafter which will be considered as having committed rape on you.

Krishna Kishore Ganguly
Advocate, Kolkata
27191 Answers
726 Consultations

5.0 on 5.0

Yes, you are eligible to file a criminal case against this man since you've been sexually exploited on the strength of promise to marriage. Lodge a FIR for rape, criminal breach of trust and cheating.

Also, by means of a legal notice seek recovery of all the money that your father spent till date on your roka etc.

Vibhanshu Srivastava
Advocate, Lucknow
9588 Answers
303 Consultations

5.0 on 5.0

Approach the Police Station and get a FIR lodged.

If the Police doesn't entertains you, file a 156(3) crpc complaint after writing to the SP requesting him to lodge a FIR.

Vibhanshu Srivastava
Advocate, Lucknow
9588 Answers
303 Consultations

5.0 on 5.0

Cancelling the marriage per se does not call for an offence but eventually you can file a case to claim the money that has been spend by you on the preparations of the marriage.

Anilesh Tewari
Advocate, New Delhi
18077 Answers
377 Consultations

5.0 on 5.0

You can lodge a complaint in the nearest police station for the reason that marriage has been called off for non fulfillment of the dowry demand.

Additional it is advised that the sound recordings at this juncture will not be off much use to you.

Anilesh Tewari
Advocate, New Delhi
18077 Answers
377 Consultations

5.0 on 5.0

You do not have to mention the sections in the police complaint, you can just write the complaint in clack and white and give it to the police station.

It is upon the police to put appropriate sections as per the nature of the case in hand.

Regards

Anilesh Tewari
Advocate, New Delhi
18077 Answers
377 Consultations

5.0 on 5.0

In which circumstances you can file a criminal case against them and also a civil case, both cases will run concurrently against them. They demanded to book 5 star hotel for the marriage ceremony  this act itself constitute an offence which is punishable under dowry prohibition act

This kind of sexual Desire or demand to establish sexual relationship before marriage is a punishable act under section 354 a of the Indian Penal Code. Therefore you can also file a FIR against him for that offence.

As far as cancellation of roka is concerned you can file a civil suit for special damages to  compensate all the losses incurred by you on engagement ceremony. You can also claim compensation for mental agony and cost of the litigation in the same civil suit. You should contact a good lawyer of a district and initiate proceedings against them.

Shivendra Pratap Singh
Advocate, Lucknow
5127 Answers
78 Consultations

4.9 on 5.0

It would not affect your current complaint

2) you can take your lawyer to local police station

Ajay Sethi
Advocate, Mumbai
94523 Answers
7485 Consultations

5.0 on 5.0

1. That is a separate case which has no consequence with your present matter and they have not cancelled the marriage because of your having lodged the police complaint u/s376 of IPC.

2. You can send your complaint to the police station under copy to the concerned S.P./D.C. by speed post and collect the track report from the net after 3/4 days.

3. If police fails/refuses to take any action, file a Writ Petition before the High Court against Police inaction praying for justice.

Krishna Kishore Ganguly
Advocate, Kolkata
27191 Answers
726 Consultations

5.0 on 5.0

I had a query can i file a case against them?

If yes what will be the sections?

I have a case pending in court wherein a guy promised to marry me and later i came to know he was already married. and these people knows about the case. will this affect current matter.

I have been cheated and exploited financially, mentally physically. Because of them i m undergoing a deep trauma.

kindly suggest what should i do?

Your father can issue a legal notice to the bridegroom's father narrating the details of the expenses he had to incur for this betrothal function and other expenses including the advance amount paid to hotel for conducting the marriage.

Your father must demand the return of the money spent as well as the money given as advance to the hotel

You can also lodge a criminal complaint agaisnt him for the offence of rape since you were forced to have sex on the pretext of ensuing marriage and now he is driving you out

You can even make a dowry harassment complaint agaisnt his mother and him for the demands they made.

However please remember that you cannot file any case for the broken marriage.

T Kalaiselvan
Advocate, Vellore
84722 Answers
2172 Consultations

5.0 on 5.0

I have a call recording in which my father is trying to convince him to talk but just to keep his words on the top his father is saying that "this marriage is called off and there is no point talking" and continuously reiterating that "you have threatened us" however we have not threatened them. It was just a small argument between my elder brother and the guy. which they are framing as we have threatened them. However the guy only threatened us that he will get us arrested there itself.

The voice recordings will not be admissible.

However you can lodge a police complaint for their threats and intimidation.

T Kalaiselvan
Advocate, Vellore
84722 Answers
2172 Consultations

5.0 on 5.0

Is it right the guy had good time sleeping with me in the name of this marriage now only concern is his family was let down so he cannot marry me.

I m so much depressed but these people are so selfish that they say "my son is the ultimate sufferer"

I m in depression since last 2 months.

Kindly suggest how should i proceed with the complaint.?

You can file a criminal complaint wit the local police for the offence of cheating i.e., having sex with you on the promise of marriage and now refusing to marry you.The police would register a FIR under section 417 IPC

T Kalaiselvan
Advocate, Vellore
84722 Answers
2172 Consultations

5.0 on 5.0

1. I already have one case pending in court in which the accused in charged with 376 and he was in custody for 3 months. and these people knows about this. will this affect my current complaint.

This should not have any impact to the current situation, however it depends on how yo defend yourself in the previous case to this.

2. Can i Take a lawyer along with me to get this complaint done?

You can very well be accompanied by a lawyer.

T Kalaiselvan
Advocate, Vellore
84722 Answers
2172 Consultations

5.0 on 5.0

this will not bear any effect

yes please contact a local lawyer and take him/ her alongwith you.

Regards

Anilesh Tewari
Advocate, New Delhi
18077 Answers
377 Consultations

5.0 on 5.0

1 No, it won't affect your current complaint.

2. Yes, a lawyer can accompany you.

Vibhanshu Srivastava
Advocate, Lucknow
9588 Answers
303 Consultations

5.0 on 5.0

Yes you are liable to get the entire amount that has been incurred by you on the pre Marriage ceremonies.

But as a practice entire amount is not given though you will get back a nominal amount of money.

Regards

Anilesh Tewari
Advocate, New Delhi
18077 Answers
377 Consultations

5.0 on 5.0

you should get compensation for expenses incurred for engagement and roka ceremony

Ajay Sethi
Advocate, Mumbai
94523 Answers
7485 Consultations

5.0 on 5.0

Yes, you're bound to get a refund of the same under the law of the land.

Send a Legal Notice to the concert party and seek it's recovery. Adduce a computation of expenses.

Vibhanshu Srivastava
Advocate, Lucknow
9588 Answers
303 Consultations

5.0 on 5.0

1. You are not expected to get full compensation of the expenses of your wedding preparation and Roka ceremony.

2. By filing the dowry demand complaint before the police and pursuing it, you can teach them a good lesson.

Krishna Kishore Ganguly
Advocate, Kolkata
27191 Answers
726 Consultations

5.0 on 5.0

Dear All Experts,

Am i Liable to get full compensation for the expenses that have been incurred in preparation of wedding and on Roka ceremony?

There is no guarantee about it, if you put pressure through police for this then you may have a fair chance to get some amount towards the expenses that were incurred by your side.

T Kalaiselvan
Advocate, Vellore
84722 Answers
2172 Consultations

5.0 on 5.0

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