• I called off my marriage before even engagement

I decided to call off my marriage 2 months before it was scheduled due to compatibility issues with the girl. We were yet to be engaged. However, the girl's family gave me Rs 5k when the confirmed the marriage and my parents reciprocated by giving Rs 3k and a gold earring to the girl. The marriage preparations were in final stage though like cards were printed and venues were booked at both end. I had personal financial losses. Now the girl's family is intimidating us by saying that they would take us to court. Is there any ground that they can file a case against us. 
P.S. : There was no exchange to money, neither was any demands from us. Also, i had a recording where the girl was 1st to say that she wanted to call off the marriage as she could not think of leading my life with her.
Asked 6 years ago in Family Law
Religion: Hindu

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16 Answers

Hi,

There is nothing wrong only when there is no engagement etc on pretext of the compatible issues.

Don't worry nothing will happen as both the parties have done their own preparations.

As the marriage is called off just sit down and sort the issue if any.

Vimlesh Prasad Mishra
Advocate, Lucknow
6852 Answers
23 Consultations

4.9 on 5.0

If you have already inform police any not to worry about and if it is not in return just give it in writing to the police to avoid any further complications.

Vimlesh Prasad Mishra
Advocate, Lucknow
6852 Answers
23 Consultations

4.9 on 5.0

No case is maintainable against you

No engagement ceremony was done

Take plea that marriage was called off as girl refused to marry you

Rely upon audio recordings in your possession

Ajay Sethi
Advocate, Mumbai
94689 Answers
7527 Consultations

5.0 on 5.0

You donot need to worry here at all there can be no case against you.

The engagement ceremony was not done and no gifts were exchanged. Also in case if the girls prerna file any case than you have the recording of girl calling off marriage.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

1) They can sue you under IPC sections 34, 420, 500 and The Dowry Prohibition Act, 1961, section 4.

Ganesh Kadam
Advocate, Pune
12926 Answers
255 Consultations

4.9 on 5.0

1. Cancellation of marriage itself is no crime nor it gives rise to civil wrong unless and until there is apparent loss if public repute, image and financial loss.

2. To cancel the marriage you will have to return all the marriage gifts and money in lieu of written acknowledgement. Cancel the marriage in writing.

3. If you have proof of return of marriage gifts then even in context of filing a dowry harassment case there wouldn't be much to worry about.

Good luck

Devajyoti Barman
Advocate, Kolkata
22815 Answers
488 Consultations

5.0 on 5.0

There's no way they can force this marriage upon you. However, calling off the marriage unilaterally, poses the risk they might institute a case of cheating against you and seek damages from you on count of loss suffered by them in lieu of the marriage preparations.

Having said that, since you have evidence demonstrating that this decision is not unilateral, it is highly unlikely that their case will be entertained.

Vibhanshu Srivastava
Advocate, Lucknow
9600 Answers
303 Consultations

5.0 on 5.0

At any time they show signs of aggression and violence, lodge a FIR against these people an their accomplices.

Vibhanshu Srivastava
Advocate, Lucknow
9600 Answers
303 Consultations

5.0 on 5.0

1. Lodge a complaint against them in the nearest police for criminal intimidation. Note that at max they may ask for the amount that has been spent by them in the preparation

Anilesh Tewari
Advocate, New Delhi
18078 Answers
377 Consultations

5.0 on 5.0

Apart from this they can not file any other case against ypu. Send them a legal notice in advance, may be they stop the intimidation

Regards

Anilesh Tewari
Advocate, New Delhi
18078 Answers
377 Consultations

5.0 on 5.0

Hi, to avoid any complication file informatory applications with the police authorities as well as SDM.

Ganesh Singh
Advocate, New Delhi
6757 Answers
16 Consultations

4.5 on 5.0

Respected sir ...

She will file fake cases against you and your family under section 406 of IPC and case for demanding of dowery ...If the girl first call off the marriage then you just need prof to prove it that she had called it of first by mean mean of any source such as any audio or video recording or any screen shot that will be sufficient for you to quash that FIR under section 482 of crpc ...

Thank you

Dinesh Sharawat
Advocate, Delhi
1263 Answers
12 Consultations

4.9 on 5.0

Now the girl's family is intimidating us by saying that they would take us to court. Is there any ground that they can file a case against us.

There is no hard and fast rule that the parties to the proposed marriage have to compulsorily marry each other even if there were some problems that cannot be solved.

There is no illegality or a crime done by calling off stopping the proposed marriage .

They have no reason to go to court, they may lodge a criminal complaint on false allegations like they could not concede to your huge dowry demand hence you have cancelled the proposal.

This can be challenged in the court during trial, however, you may obtain AB in case they are registering a FIR on this.

You can challenge their false allegations during trial proceedings on merits and documentary evidences in your side should they file a complaint.

T Kalaiselvan
Advocate, Vellore
84890 Answers
2190 Consultations

5.0 on 5.0

We have already communicated very clearly that marriage cannot happen now, but they are very adamant and trying to force things on us. They tried intimidating my parents by coming to my home along with 4 other people. Due to safety concerns, we had informed the local police station and they assured us of our safety. I am concerned about my parents and my safety too.

A NC complaint in writing with the local police would help you to tide over the crisis and allay your fears about the safety of your parents.

T Kalaiselvan
Advocate, Vellore
84890 Answers
2190 Consultations

5.0 on 5.0

There can be no action for breach of promise unless a contract to marry has been made. A declaration of intention to marry another made to a third person will not constitute a promise unless communicated to the other person on the authority of the person making the declaration. While it is not necessary that the mutual promises should be concurrent, both should be made within a reasonable time of one another. An action for breach of promise to marry may be taken by a man as well as a woman.

Cancellation of marriage itself is not a crime. No one can force you to marry a girl. If they file false case contest the same on merit.

Ajay N S
Advocate, Ernakulam
4072 Answers
111 Consultations

5.0 on 5.0

Dear Querist

No need to worry, file an application cum complaint against them which should be non actionable, and informed to the police or other authorities that due to incompatibility, you and the girl both want to call off this marriage and there is no other reason or any dowry demand for the same.

Feel Free to call

Nadeem Qureshi
Advocate, New Delhi
6307 Answers
302 Consultations

4.9 on 5.0

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