Hello,
Calling off engagement is not a crime in India.
If however the police has not considered your documents while filing the charge sheet then you may obtain the copy of the charge sheet and challenge the same before the HC directly.
Regards
False dowry case for breaking engagement
Respected Sir/Madam. My brothers Marriage was fixed for 18th Feb. 2018 and he was engaged on 9th Dec. 2017. Unfortunately Our father expired on 9th Feb. due to prolonged cancer treatment. The Bride side knew about the cancer thing from start. Now their attitude has been very bad to us. On 20th Jan. we told the bride's father that cancer has spread to spine and he has been hit with paralysis. After that day the brides father didnt even call once or visited us to ask for our father condition. On 5th Feb. he was admitted to hospital and on 7th he went on ventilator. We informed the brides family and they didnt even gave condolences. They didnt even call us after that, the girl too didnt call my brother to support him. They didnt even visit us. On 9th in the morning our father expired, we informed the brides family in the morning at around 6:30am. They didnt even come at funeral. their home is just 3 hours away from Jaipur. They didnt even call my mother or anyone,the girl too didnt call my brother. Now we informed about " teeye ki baithak" the next day and they were asking us to keep shaadi ka lhenga ready as they have function on 16th feb. On 11th evening they came and quarreled with us at our home when there was cry and hue going on. The girls father said" nayi aaya to nahi aaya kya kar loge ". At that time we decided not to proceed with the marriage. We phoned them on 12th feb. and told them this marriage cant happen as there behaviour was very bad, they started crying and said we will leave the girl to your home. We said NO. They must have recorded that call. After that day we neither contacted them neither they. no meetings no call. Now on 24th feb. they filed police complaint against us under Section 420. 406 and 384 in ajmer. The police informed us in april. We went there with a lawyer and brides father was asking 10 lacs to take the case back. He claimed that we asked for dowry which is 100% wrong, as per him we asked dowry from him on 10th dec. and he thought we were joking so he ignored. Then again as per him we asked dowry on 11th feb. 3rd day of funeral. Then as per him we kept on calling till 20th feb for dowry which is false. Last call took place on 12th. He also claimed we have taken goods worth 10 lacs at engagement and he have give 51000 cash to groom on engagement and 5100 to each men/women present there from grooms side. Truth is he gave 6100 to groom and we have photos of that and he gave combined 1500 to us. He claimed 40 ppl at engagement but we were 23 and we have proof. We have all the bills of marriage expense, hotel booking,jewellary, honeymoon,photos etc and submitted that in court and police station. Last we went police station on 25th may for bayaan. Now after 3 months they called and said they are presenting challan in court and you to come. We were confident of FR. But we have been called on 7th sep and applied for bail. We have a lawyer but want views of others too. Is calling off engagement crime?
Asked 7 years ago in Family Law
Religion: Hindu
16 Answers
We are ready to pay his expense which are not more than 2-3 lakh at max but 10 lakh is absurd. They even have our jewellary worth 1 lakh 20k with them. Is calling off engagement a crime india? Seeing the attitude of brides family.
Asked 7 years ago
Or you may file a discharge application before the lower court. This is a clear case which has been instituted to extract illicit amount of money form you.
Regards
Dear Cleint,
First of all, to support their claim that this much they have given to groom on engagement, they have to prove by bills and mere allegation has no concern.
Next, filling charge sheet is expected, you can`t expect police to be honest. You have good evidence of your innocence and call summery of last call made. court will inferred from the fact, at such situation, demise of father - demand of dowry is insane and unbelievable and not attending funeral and condolence meeting perfect reason to call off engagement. Better file petition in HC for quash of charge sheet.
hello
this is pure blackmail and extortion by the bride's side. they have been insensitive and harsh throughout and now they are demanding that things be done as per their wishes although there has been a death in the family, rather, the groom's father. nobody would proceed after this either to marry them or anyone for that matter. a 1 year mourning period is observed in most of the households.
you have committed no crime and there were justifiable reasons for that. jaipur HC where I practise is flooded with cases like these where girls side has lodged false cases based on flimsy incidents.
you should file a petition for FIR quashing and arrest stay in the HC.
regards
Dear,
It's not a case of engagement crime, don't worry.
You have enough evidence against them.
Challenge charge sheet in high court or contest in lower court, court will
consider your case and should give order in your favor.
why are going for compromise?
you can contest the case .
1. They seem to be crook people and are in the habit of extorting money.
2. So do not fall in their trap . put a brave front and if FIR is registered take bail .
3. once bail is granted which is very likely they could not touch you anymore and the case almost dies its death. During trial the offence s alleged will never be proved.
4. So offer them the actual expenses they incurred towards the rituals . if they become ready then it is alright. otherwise fight the case on merit .
Good luck.
You are at liberty to call off engagement
2) you can offer to pay expenses for engagement
3) obtain bail and contest case on merits
4) most dowry harassment cases end in acquittal
You can file case of defamation against girl , her father
2) no need to pay Rs 10 lakhs demanded by wife family
No calling off engagement is not the crime, firstly proceed with the quashing petition before the high court to quash the FIR as it is utterly false and frivolous. Further if any gifts were given return them with an acknowledgement with the police or in the high court mention that they made false acquisition on amount you are ready to give what they give you and you have documentary proof of same.
Sir the gifts are given from both the sides so the same can be exchanged, file in high court and get an stay on the trial and the charge-sheet the matter shall be surely quashed. Further the marriage was called of the reason and there are no evidence as such to demand of the dowry or giving dowry further the complaint was filed with the delay which clearly shows the intent, further there absence and quarrel on such occasion shall help.
Donot agree to give such exorbitant amount they are just harassing you for money.
1. You are absolutely within your rights to call off the engagement under the given circumstances.
2. You have all the evidence of your father's demise and on the other hand they will not be able to prove that you had demanded dowry from them.
3. You can claim that you had stalled the marriage initially due to your father's demise which they were not accepting and has filed this complaint to blackmail you to agree for the said marriage.
4. Since false complaint has been lodged by her, it is a case of cruelty on her part before marriage was solemnised for which you have withdrawn your consent for the said marriage.
5. All their allegations shall have to be contested fittingly without agreeing to pay anything to them as compensation.
1) See marriage didn't took place and you have valid reason of your father's death due to cancer and marriage day was two days later.
2) You can answer their claim made in FIR for dowry which is fake.
3) If they are not listening than you also filed case against them for false and fake allegations made on you plus mental harassment.
Calling off the engagement and stopping the proposed marriage is not at all an offence hence he has given complaint on the basis of dowry demand and harassment.
Well, you have substantial evidence to prove that you never demanded dowry especially your father's death and funeral ceremonies are good evidences to protect your interests.
You may obtain bail, and challenge their case properly in the trial proceedings or even my file a quash petition before high court when the charge sheet is filed before court.
We are ready to pay his expense which are not more than 2-3 lakh at max but 10 lakh is absurd. They even have our jewellary worth 1 lakh 20k with them. Is calling off engagement a crime india? Seeing the attitude of brides family.
If you agree to compensate their engagement expenses, then you may demand your jewels kept with them as a return or else you may lodge a counter complaint with the same police for recovery or return of your jewels from them.
1. Have you not applied for AB already? Section 420 IPC is non-bailable. Instead of suffering the ignominy of arrest and detention you should either apply for anticipatory bail or file a petition for quashing of FIR in the High Court with an interim prayer to stay all further proceedings arising out of the FIR.
2. Calling off engagement is not a crime as a promise to marry is not specifically enforceable under Indian Contract Act.
