• Breaking an engagement

I am 27 years Man. My engagement happened on 2nd Nov. Then due to my mom's denial I had to break it. Settlement happened on 10th of Feb and proposed marriage was on 22nd Feb. During settlement they took everything in written on a bond paper from us that my mom is mad person and as she didn't like the girl we are breaking the engagement. They took mine and my dad's sign as a responsible people for broken engagement and my 2 uncle's, my aunt's sign as witnesses.From their side none sign on the Bond paper. They took the compensation money from us in cash but didn't include that in written thing. They didn't give us the copy of the bond paper and straight away denied to hand over the copy.The Bond paper was purchased on my father's name. They didn't take the engagement ring and gifts from us saying they have included everything in compensation money. They asked us to take the Engagement ring and other gifts which we had gifted them.Yet we have not received those things as they are avoiding us. On 23rd Feb they called us and threatened us to do a case on us. We have sound recorded the entire compensation meeting as a proof.During compensation meeting only her uncle, his son and her elder sister's husband was present. I want to know what kind of case they may file on us? what would be the possible effects of this?
Asked 3 years ago in Family Law from Panvel, Maharashtra
Religion: Hindu
1. I wonder what sort of foolishness one can indulge in through the acts you have just mentioned.
2. it was suicidal to say the least to mention that your mother was a mad woman and due to her only you broke the engagement.
3. However once it is done it cannot be returned back but you can avoid further harassment.
4. Make a complaint with local police that the engagement has been broken and girl's side has been aptly compensated but they are causing further  treats which are criminal acts.
4. Lodge a complaint of blackmailing also.
5. Breaking engagement in itself is not a criminal act but they may complain that due to dowry harassment the marriage has been called off and in that even they may not produce the bond paper agreement.
6. So it was another mistake not to keep a  copy it it.
7. So lodge complaint on what I have just stated and pray that nothing untowards happens.
Devajyoti Barman
Advocate, Kolkata
13133 Answers
174 Consultations

5.0 on 5.0

Hi, you are not supposed to enter such kind of agreement with any body if you don not want there relationship you have every right to cancel the engagement.

2. You have already paid the compensation amount  if they threaten to file any police complaint then you must replay to them that you will lodge a police complaint for blackmailing.

3. If they filed any sort of mischievous complaint then contest the case on merits and it is better take appropriate legal advice from the expert then only you can proceed further.
Pradeep Bharathipura
Advocate, Bangalore
4561 Answers
204 Consultations

4.5 on 5.0

1. You should have asked your mother before getting engaged,

2. Getting engaged with a girl and then breaking it without any valid reason leaves an ireairable scar on the girl and her family for which they are entitled to retaliatory measures,

3. However, it is strange that you signed the document duly admitting your such breaking the engagement for their no fault calling your mother as mad,

4. The engagement ring is still with both the parties,

5. They can file dowry demand case with the evidence they have with them for breaking the engagement at the last moment without any apparent cause,

6. Colect document and/or other evidence to prove that the engagement was broken for some reason other than dowry.
Krishna Kishore Ganguly
Advocate, Kolkata
18749 Answers
452 Consultations

5.0 on 5.0

1. The statement that your mom is a mad person gives to this girl the required proof to prepare ground against you for implicating you in false cases. There was also no mention in the agreement of the compensation that you gave to them. It was a totally one sided agreement.

2. You have recorded the conversation which you had with her.

2. At this stage there is nothing you can do except to send an intimation to the police that engagement has been broken and you compensated them whereas they have not returned the gifts which you gave to them and which they promised to return.

4. If the girl or her family file any case against you then immediately engage a lawyer to seek pre-arrest bail lest you land up in jail.
Ashish Davessar
Advocate, Jaipur
23120 Answers
639 Consultations

5.0 on 5.0

1) why dont you consult a local lawyer before signing any document . 

2) you have signed on bond paper wherein you admit your mother is mad person and at her insistence you are breaking engagement . you and your father sign the bond paper but none from girl side sign it . 

3) you pay compensation in cash and no mention is amde in said document . 

4) you dont keep a copy of document signed by you . 

5) the recorded conversations will help you in proving that compensation was paid to them in cash . 

6) if any calls are received from girl side record the conversation .

7) if any police complaint is filed for dowry harassment apply for anticipatory bail  

8) prepare list of gifts received from the girl side . return the said gifts with engagement ring and obtain their acknowledgement in presence of 2 witnesses
Ajay Sethi
Advocate, Mumbai
46704 Answers
2763 Consultations

5.0 on 5.0

Dear Querist
they may file a criminal complaint against you and your family under Dowry prohibition Act

the recording of the settlement is very useful for you, so save it in original form.

if they filed any case then file an anticipatory bail for all accused and fight the case on merit.

you may also file a criminal complaint against them for blackmailing/extortion.
Nadeem Qureshi
Advocate, New Delhi
4875 Answers
226 Consultations

4.9 on 5.0

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