• After marriage was called off, the girl's family has filed a police complaint and is intimidating us

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. The girl's father with more people came to our house. Scared, my father called police and also send a complain via sms to police incharge. 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 was no exchange to money, neither was any demands from us. We have heard from some sources that they are claiming to have lost Rs 8 lakhs due to this alliance, but we never asked for a single penny. Neither we asked to make any elaborate arrangements. 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.
Now the girls family have lodged a complaint in Siliguri police station and the ASI of that police station has been calling me. My father spoke to the ASI, but he is not ready to tell what the complain is and i asking us to come down to siliguri. What should i do ?
Asked 4 years ago in Family Law
Religion: Hindu

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15 Answers

Hello,

Till the time you receive any written notice to appear, I would not advise you to visit the police station.

Also they must have filed a case to claim damages that they have suffered due to calling off the marriage. Ask the ASI if FIR has been registered or just that a complaint has been received by them.

If Just complaint has been received then he must be calling you for Settelment.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

1, Once marriage is called off both party must exchange the money and articles which they have expended agaisnt each other.

2. So both you and they are obliged to return each other;smonye.

3.Yes they cna falsely accuse you of dowry harassment on which basis case under Dowry prohibition Act can eb filed.

4.hence it is advisable you resolve the dispute mutually and exchange the money and articles given to each other.

5. If they are blackmailing then inform the police in writing about criinalintmidation and extortion and stating your willingness to return the gifts.

Devajyoti Barman
Advocate, Kolkata
22515 Answers
402 Consultations

5.0 on 5.0

1) you should visit the local police station

2) have your statement recorded

3) girl must have filed case that you called off marriage because they refused to give dowry

4) if FIR is lodged of dowry harassment then apply for and obtain Anticipatory bail from sessions court

Ajay Sethi
Advocate, Mumbai
87894 Answers
6207 Consultations

5.0 on 5.0

1) You should go to siliguri police station and take lawyer along with you or one person remain outside police station check against which section the complaint or FIR has been filed. Whether it is bailable or non bailable and than act accordingly.

Ganesh Kadam
Advocate, Pune
12335 Answers
191 Consultations

4.9 on 5.0

You need to file an anticipatory bail for the safety to save your self protect from arrest.

There is no FIR till now and police is just investigating the matter on the complaint.

The police has power to investigate the matter on information in non cognizable case.

In case any FIR laudged then only you need to worry and get the copy from the court.

Vimlesh Prasad Mishra
Advocate, Lucknow
6848 Answers
23 Consultations

4.9 on 5.0

Don't go directly to the police station. Find out if any FIR is Registered or not. If FIR is Registered file anticipatory bail application for the same then only visit police station. You will receive baby notice from police station don't visit on telephonic calls

Prashant Nayak
Advocate, Mumbai
27224 Answers
88 Consultations

4.4 on 5.0

Yes, if there was no engagement, they have no basis to take you to Court or to file a FIR against you.

All that they can d is that they can seek recovery of the losses suffered by them in lieu of the preparations of marriage.

Since you have unilaterally called off the marriage, you will have to reimburse them for the losses.

Appear before the Police through a lawyer and show your willingness to compromise this by peying them fpor the losses they have suffered.

Vibhanshu Srivastava
Advocate, New Delhi
9426 Answers
245 Consultations

5.0 on 5.0

If this was called off with the mutual consent of both the parties, neither party needs to reimburse the other for the losses; since losses have been suffered by both.

Q.Can we file a case against them for criminal intimidation and mental harassment ?

And. Take your chance on this.

Vibhanshu Srivastava
Advocate, New Delhi
9426 Answers
245 Consultations

5.0 on 5.0

since girl called off marriage first you dont have to pay the expenses incurred for marriage

2) rely upon audio recordings in your possession that girl had called off marriage

Ajay Sethi
Advocate, Mumbai
87894 Answers
6207 Consultations

5.0 on 5.0

Yes if that is the case then definitely you can file the case of criminal intimidation against your wife.

Go ahead and with the telephone recording as a prove, file a case against her and her family members

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

Yes, you can file a case against them for criminal intimidation and extortion though you will still be liable for returning their money or goods.

Devajyoti Barman
Advocate, Kolkata
22515 Answers
402 Consultations

5.0 on 5.0

1) Yes, why not, if you have all proof and can prove it in the court of law. Than you can suit against girl and family.

Ganesh Kadam
Advocate, Pune
12335 Answers
191 Consultations

4.9 on 5.0

You can file but you need to prove the same in court. In your cases both the parties should mutually settle the said matter.

Prashant Nayak
Advocate, Mumbai
27224 Answers
88 Consultations

4.4 on 5.0

The girl's father with more people came to our house. Scared, my father called police and also send a complain via sms to police incharge. 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.

Calling off the proposed marriage is not a crime under any provisions of law in India hence no complaint in this connection is maintainable, he may organise some other offence to trap you hence you got to be careful about it.

Now the girls family have lodged a complaint in Siliguri police station and the ASI of that police station has been calling me. My father spoke to the ASI, but he is not ready to tell what the complain is and i asking us to come down to siliguri. What should i do ?

They might have give a complaint on dowry demand only, hence you got to be careful about it.

T Kalaiselvan
Advocate, Vellore
78048 Answers
1543 Consultations

5.0 on 5.0

I did not unilaterally called off the marriage. It was the girl who said she is calling off 1st and i have the telephonic conversation recorded. Do we have to still reimburse them as we also incurred huge losses. Can we file a case against them for criminal intimidation and mental harassment ?

Nothing prevented you to issue a legal notice to this effect stating that the girl called of the marriage hence they are liable to pay compensation for the losses you incurred.

You can issue a lawyer's notice even now and carry a copy of the same with you to the police station to defend your interests.

You should mention without fail that you never demanded any dowry for this marriage.

T Kalaiselvan
Advocate, Vellore
78048 Answers
1543 Consultations

5.0 on 5.0

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