• Consequences of breaking an engagement

I am from haryana, i was in relationship with my colleague from last six years and i wanted to marry her (interfaith marriage). But my family disagreed and did my engagement somewhere else. Now my ex-girlfriend came in rage and disclosed our relationship to my to be in-laws. Now my to be in-laws are threatening me and my family and they are going to do FIR against the person who disclosed about the relationship and also me & my family. Please provide some legal guidance in this matter. As soon as possible
Asked 3 years ago in Family Law
Religion: Hindu

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18 Answers

1) you have not broken the engagement

2) you should inform your fiancee that you are willing to marry her

3) you had consensual relationship with another girl but never promised her marriage

4) in the vent your fiancee breaks engagement then offer to meet the expenses incurred by them for the engagement

Ajay Sethi
Advocate, Mumbai
79719 Answers
4806 Consultations

5.0 on 5.0

Hi,

it is very simple and straight forward, You Have not done any kind of criminal offence, so FIR for what.

At max. they can go for a complaint under section 406IPC (Breach of Trust) which will also not workout for them, they are just on the way of making a pressure over you and your family

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

4.8 on 5.0

There is possibilities for your to-be in-laws to file case against u under harassment, mental agony, fraud and like as u did not disclose to your to-be in-laws about your ex-girlfriend relationship >>> which indirectly leads to breaking of engagement which is also an offence.

The only thing u can do is convince your to-be in-laws regarding your past:-

1. If they accept you then there is no issue, otherwise they left the matter and do not want your relationship then also no issue.

2. Again u have to convince your ex-girlfriend also whether u both going to get marriedy or not.

There is possibilities also to your ex-girlfriend to file case against u that u misused her or make fraud on her.

Chandhini
Advocate, Chennai
8 Answers
1 Consultation

4.0 on 5.0

As long as you're not the one breaking the marriage, they can't file any FIR for cheating etc. against you. It's they who are moving out of this and not you; hence, they've no locus to file a FIR against you.

Vibhanshu Srivastava
Advocate, New Delhi
9132 Answers
181 Consultations

5.0 on 5.0

Hello

If you are still ready to marry with the girl u engaged there is no need to worry

Just deny previous relationship and discuss with them frankly

They cannot lodge FIR

Harsh Kumar Sachdeva
Advocate, Delhi
37 Answers
3 Consultations

4.3 on 5.0

Dear Sir/Madam, as per your query, my answer is that, According to the present Indian laws, the engagement does not amount to marriage. Marriage, in the eyes of law, is sacramental. The marriage rituals are recognized by the Indian laws and not 'Engagement'. There would be no legal consequences if you break off the engagement to the person whom you are engaged to. Since marriage was not solemnized according to the laws.

But if you have exchanged any gifts or consideration during and after the engagement then it would be suggested to return all those gifts to the other party because the other party may institute a suit against your family for cheating or fraud. And similarly you can also reimburse the gifts or any consideration which you have vested on the other party during or after the party. Other than that if you want to break your engagement then you are free to break it since there is no legal status given to the 'engagement'. But there are some legal actions which could be taken against you and are as follows -

Legal Actions which can be taken against you -

1. Breach of Promise :- To prove breach of promise the other party must prove that you had in past promised to marry him. And he had acted and adjusted his lifestyle because of the promise to marry. And, lastly resulting to monetary loss. If these conditions are proved by the other party then the breach of promise to marry is proved then you will liable to pay for damages.

In Mukesh v State of Karnataka (2014) where it was said if there is a promise to marry and which has been breached then the other person can institute a civil case and claim damages.

In Rudresh v State of Karnataka (2014) where Court held that the breach of contract only institute civil suit for damages and should not be considered as an offence.

2. Cheating

Under IPC section 415 - Cheating is defined as "when a person, fraudulently or dishonestly, induces another person to do something which he would not do otherwise, and such an act causes or is likely to cause damage or harm to that person in body, mind, reputation or property."

Cheating is a punishable offence under Indian Penal Code. If Cheating is proved by the party then the other party can be sentenced for one year imprisonment or fine or both under section 417 of Indian Penal Code. [Christian Chidieere Chukwu v State of Karntaka (2016)]

But you have the stronger probability to win the case since you can prove through the messages that how the person has been behaving. You can also admit other evidences which shows that the person has been harassing you. But if he institute a case saying that it resulted in damage to bodily harm, mind or reputation or property then you have to show stronger evidence to prove that it did not.

Loss of reputation led to difficulty in finding another match for the other party, said in N. Sukumaran Nair v P. Narayanan (1996). Similarly, mental trauma or bodily harm is proved by then it is punishable under IPC.

Remedy : Even then if the other party is still threatening you to marry then you can seek the help of police after breaking off the engagement.

Note : If the other legal recourse are failed even then Courts have been recently granting compensation to the party if the other party breaks off the engagement because of the trauma and pain they had to go through. Also, the money spent on . Although you will not be forced to marry the person who you are engaged to.

.... by Chandrashekhar Vithal Jadhav, Advocate & Law Consultant, Bangalore.

C. V. Jadhav
Advocate, Bangalore
544 Answers
18 Consultations

4.7 on 5.0

You cannot stop your would be in laws from filing case

2)you have to deny the allegations made

3) your girl friend statement would be recorded

4) if there is no substance in allegations case against you and your family would be closed

5) let your friend face the music for making false allegations

Ajay Sethi
Advocate, Mumbai
79719 Answers
4806 Consultations

5.0 on 5.0

How they come to know about ur relationship

If ur girlfriend told this to ur to be in-laws then y u want to save her

In all these conditions there is no logic to lodge FIR against ur friend if she didn't given any proof to ur to be in-laws

If still FIR lodged by setting with police then u and ur friend can fight against this

Harsh Kumar Sachdeva
Advocate, Delhi
37 Answers
3 Consultations

4.3 on 5.0

Brother if she is not your x....and you are still in relation with her then please call off your engagement. Do not marry the girl whom you don't want to be your wife.

Secondly FIR is not an instrument to know the truth.

If your to be in laws are not calling off the engagement then you can do it.....

Brother legally you are not in any kind of problem.

Socially you can gather few old age persons (Panchayat) and solve your problem.

And you have to be bold in front of everyone to accept your girlfriend as your wife.

Again DO NOT MARRY THE GIRL WHOM YOU DONT WANT TO SEE AS YOUR WIFE.(THIS ADVICE AS A BROTHER)

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

4.8 on 5.0

I understand the situation, your in laws does not have any ground to lodge an FIR and if any FIR is lodged against you then you may easily challenge the same in the HC

Anilesh Tewari
Advocate, New Delhi
17850 Answers
315 Consultations

5.0 on 5.0

Also you may call of the engagement and file an FIR against them for harassment and threatening calls for lodging FIR.

Regards

Anilesh Tewari
Advocate, New Delhi
17850 Answers
315 Consultations

5.0 on 5.0

Hi , if you were not married then there is no offence that is made out against you .. A FIR merely on a phone call will not be registered until police conduct the proper investigation

Hemant Chaudhary
Advocate, Gurgaon
4599 Answers
42 Consultations

4.9 on 5.0

No FIR will be entertained by the Police in this matter as long as you are still ready to marry, despite all these happenings.

Be assured, the Police is not going to lodge any FIR against you without listening to your version of the story.

Vibhanshu Srivastava
Advocate, New Delhi
9132 Answers
181 Consultations

5.0 on 5.0

So u have to show them that u r not married. It can be checked easily through the concern Registrar office. Produce those details to them and make sure to them that u are of clean hand, now.

Chandhini
Advocate, Chennai
8 Answers
1 Consultation

4.0 on 5.0

Your question is based on presumptions and it is premature. Let them file the FIR. It is up to them to decide what allegations are to be made against you. You have to defend yourself and your family later on. Threatening to lodge FIR and to lodge FIR both are different things. You sworn to God that you are not married to your Girlfriend. You have not yet married to the girl engaged with you. What wrong you have done? In case they have come to know before marriage that you were in love with your girl friend, the only option with them to call off the engagement. And in case they have no faith on you at this stage, you can call off the engagement.

Dalip Singh
Advocate, New Delhi
861 Answers
13 Consultations

5.0 on 5.0

It is not point that you had pre marital affair it's not an offence. Infact there is no ground to register Fir against you and your family.

Rajesh Kumar
Advocate, Ludhiana
119 Answers
1 Consultation

4.3 on 5.0

Now my to be in-laws are threatening me and my family and they are going to do FIR against the person who disclosed about the relationship and also me & my family. Please provide some legal guidance in this matter. As soon as possible

What is the reason that the proposed in laws would be approaching police? are they going to file a cheating case, it is not maintainable because the marriage has not taken place and no cheating was done, hence you may cancel the proposed marriage at this stage by revealing the facts that you were forced for this marriage against your wishes hence you are not willing to go ahead with the engagement or proposed marriage.The police cannot register any case nor can any action be taken on the complaint.

T Kalaiselvan
Advocate, Vellore
69750 Answers
951 Consultations

5.0 on 5.0

You cannot save a person who went against you in this issue.

Your would be father in law has no case to file against the so called whistle blower.

You should not budge to any type of pressure from any side.

There is no legal infirmity to cal off the proposed marriage before it is solemnised for the reasons relied upon thereby.

You can challenge their case in case they file one using their influence.

T Kalaiselvan
Advocate, Vellore
69750 Answers
951 Consultations

5.0 on 5.0

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