• Breaking off an engagement

Hi, I have got engaged on 13th December, 2017 and we got to know that the girl had a problem with her left eye on the engagement day as it looks cross eye. we met the girl a week before the engagement (only twice) and the girl and family were successful at hiding it. As we got to know about this, we asked them the next day about her issue but they didn't say the truth. We asked them to take the girl to doctor and doctor informed it is by birth issue and a cosmetic thing. Within 15 days we informed the girls parent that we will not continue with this engagement. We told them only if she has this issue clear then only we will marry and it is on their risk if they want to rectify it. I left for Denmark by 1st week of January, 2018 and stopped all communication with the girl and family immediately. Girls family has started threatening by saying that give us poison and all. Girl has threatened while I tried to tell her on 17 th December itself that I won't marry. she responded that she will commit suicide and also said the same to my elder sister on call after breaking of engagement. They had stopped calling for few months till Mid of April as they were aware that I will be back in April. The girl dad has used profanity and been threatening that how you will not marry we will see and all. This girl was brought up by a guardian and she started calling us in April and threatened us that to marry or will put through court cases. ( we suspect that they are hiding us the real mother of the girl (parents ) as the mother introduced looks completely different). On 8th May, they have put a complaint in local police station of Andhra Pradesh(they have not registered the complaint). Now the police keep on calling us and asking us to come and talk to them and sort out this issue. Unfortunately we don't have the call recordings and now the police has been telling us to come and talk to the girl family. What we know from sources that they are looking for money. They are trying to put through panchayat and harass us but we don't want to go through the panchayat. We have not taken any money or gifts from girl family. We just have engagement rings exchanged. We live in Mumbai. Please let me know what I can do with this situation.
Asked 4 years ago in Criminal Law
Religion: Hindu

First answer received in 10 minutes.

Lawyers are available now to answer your questions.

13 Answers

1) you cannot be forced to marry against your wishes

2) offer to pay expenses incurred for engagement

3) if any false dowry harassment case is filed apply for and obtain bail from sessions court

4) rely upon messages in your possession wherein girl has abused you and admitted that no dowry was demanded at time of engagement

Ajay Sethi
Advocate, Mumbai
87938 Answers
6207 Consultations

5.0 on 5.0

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'.

You are not bound to marry the girl against your wishes. Breaking up of an engagement is basically a breach of contract in legal sense and a suit for damages for that can lie.

However, it may be added that only on the basis of engagement one can't be forced to marry against his wishes. Engagement does not obligate a person to marry the one to who he/she is engaged.

Siddharth Jain
Advocate, New Delhi
5930 Answers
101 Consultations

5.0 on 5.0

If the girl leaves a suicide note, you could be booked by the police under section 306 IPC for abetting her to commit suicide.

On the other hand, if she does not leave any note but her family and friends in their statement give your name as the cause of your partner’s suicide then also you will be in trouble.

It is advised to inform SHO of the police station ij, uour area and inform him through an application stating that this girl is having suicidal tendencies and you should not be held responsible in case such a thing happens. Don't forget to take acknowledgment of the complaint on a duplicate copy.

Siddharth Jain
Advocate, New Delhi
5930 Answers
101 Consultations

5.0 on 5.0

No need to bow down to blackmail tactics

Ajay Sethi
Advocate, Mumbai
87938 Answers
6207 Consultations

5.0 on 5.0

Dear Client,

Her family may file complaint of dowry demand and cheating, Well, all you need to do, is to procure evidence of actual reason of annulling engagement through call, Msg, chat etc.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

Dear Sir,

Refund cost if you call off engagement, says SC – FIR Quashed.

New Delhi: After three years of litigation, a Delhi man's family realised on Friday that breaking a marriage alliance after enjoying the engagement party made them liable to reimburse the cost.

In 2012, a government doctor finalized the marriage of his son, who was in the real estate business, with a girl from Thane in Maharashtra. The 'roka' (engagement ceremony) took place in Delhi on June 8, 2012. The girl's parents spent lavishly in entertaining the prospective groom's family and friends.

But the boy's family later called off the alliance claiming that the girl's family had suppressed facts about her. Infuriated by the turn of events, the girl's parents filed a case under Section 420 (cheating) of IPC against the boy and his father in Thane.

The father and son sought anticipatory bail from a Thane court, which after mediation proceedings asked them to pay Rs 1.50 lakh to the girl's parents towards the expenses they incurred on the ceremony. The boy's family claimed they had spent Rs 4.50 lakh for the ceremony. But the trial court asked them to compensate the girl's family.

The boy's family paid up but the girl's family did not withdraw the case. The boy moved the Bombay HC seeking quashing of the case. The HC refused, saying a case of cheating was made out.

Appearing for the boy's family in the SC, senior advocate Rana Mukherjee told a bench of Justices J S Khehar and Arun Mishra that once the girl's family was compensated for their expenses, there was no question of any cheating in the matter, which was a case of a prospective matrimonial alliance going sour.

Kishan Dutt Kalaskar
Advocate, Bangalore
6050 Answers
381 Consultations

4.8 on 5.0

The problem you mentioned can be medically examined... submit a written response to the police and inform them the actual situation that has happened, so that police can investigate the matter.. still if they harass you illegally file a writ petition before high Court or file a private complaint against the persons harassing you before the competent court having jurisdiction..

If police register any case against you, challenge it legally duly stating the fact situation and seek redressal

Sricharan Telaprolu
Advocate, Hyderabad
156 Answers
67 Consultations

4.9 on 5.0

After knowing the facts my opinion that you have done a mistake which amounts to offence under Section 498A of IPC and I advise you to settle the issue amicably otherwise your entire family members will face prosecution in criminal case and say thank to God as no FIR till now

Konda Srinivas
Advocate, Hyderabad
211 Answers
2 Consultations

Not rated

Dear,

Your case is very complicated and common in present scenario. It's true they want money from you

with illegal means, but don,t worry record their statement's. After fill with lot's of proof complain in

local police station for harassing you and your family.

Tarun Agarwal
Advocate, Jaipur
769 Answers
3 Consultations

4.9 on 5.0

1) You can file harassment and torturing case against them, before they could do any thing. Plus attempt to murder on whole family.

2) You sent them a legally message that you don't want to marry with her and engagement is cancelled, keep this proof and try to return her gift and gold ring whatsoever you gave received at the time of engagement.

Ganesh Kadam
Advocate, Pune
12335 Answers
191 Consultations

4.9 on 5.0

hello,

first of all file a complaint of harassment, intimidation, fraud, breach of trust, hiding of material facts, against the girl and her parents. you should have done this a long time ago. the more you run the more they are gonna chase you. secondly, write down all that has happened, in a chronological order and stick to the facts. there should not be any contradictions among your family members regarding what happened. next, if the police call you repeatedly without registering your complaint first, file a complaint case before a magistrate and engage a good lawyer. people nowadays don't realize that marriages are based on mutual consent and happiness and cannot be forced upon anyone. after filing a complaint case if there are new complexities you can always go to the HC. take these steps without delay.

regards

Rahul Mishra
Advocate, Lucknow
13759 Answers
65 Consultations

5.0 on 5.0

Dont attend the calls of police or you may block the number of police.

They cannot do anything on this.

You can issue a legal notice to the police by enclosing your communication to her parents conveying the decision to break the proposed wedding due to the reasons that you rely upon.

Let the police do anything after that, you can escalate the matter to the higher police of the district seeking his direction to the concerned police to close the complaint

T Kalaiselvan
Advocate, Vellore
78095 Answers
1543 Consultations

5.0 on 5.0

Girl has told me in person that she will not live if we cancel the engagement. I was there to take her to doctor. I left within 4 to 5 days. On 18th December I left the place and not met her in person till date.

You can ignore all her expressions or approaches.

You should be firm on your decision.

T Kalaiselvan
Advocate, Vellore
78095 Answers
1543 Consultations

5.0 on 5.0

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer