• Worried for pre-wedding fake dowry case

My name is lokesh Saini, I'm 26 year old working in one the MNC in Noida.

In the january of this year I got engaged (ROKA) with a girl.
Girl is from Bulandshahr UP. She has done BBA and according to her Family she wanted to pursue MBA but due to Financial reason she dropped the Idea.
The day I went to see her she was looking beautiful. I promised her if she want to pursue her MBA or career I and my family would always support her.
I didn't talked much with the girl due to my shy nature and later  our roka happened on 25th jan 2015, with a marriage date to be fixed around nov-dec of this year.

Actually I had an expectation of marrying a professionally settled girl who can respect my family too. As I was thinking that I will get her MBA done after marriage and after that she will be having her own professional  identity.

But when I started talking to her over the phone, There were lots compatibility issues and intellectual mismatches. she has done BBA but while talking to her I never felt this. It was like if I'm talking to a high school girl studied in hindi medium.
also now she is no more interested in pursue her dreams which was doing MBA as I asked her a few times.

I understood that she is not meant for me. I told my family about this but since ROKA had already happened they pressured me saying what others will think and about social shame. and insisted for marrying the same girl. It happened 3-4 times in last 3 months.
Finally I left my home and also told the the girl and her family about my decision, that I could not marry her and even If I marry her under social pressure It would not be good for the future of our both and later a situation of divorce might occur.

Now I know that there are few mistakes from my side that I should not have said yes for marriage just by seeing her one time.
and after talking to her If it was clear in my mind not to marry her I should have taken this step 3 months ago what I did today. (leaving my home and informing her).

Now I'm worried that If her family could defame us in any case.
most probably I guess is they will try to defame us under fake a case of dowry demand.

I just wanted to know could I or any of my family member get jailed just because I denied to marry a girl after 3 months I  agreed to marry her.

please let me know what prevention I can take to avoid this situation.

thanks and regards
Lokesh
Asked 1 year ago in Family Law from Delhi, Delhi
Religion: Hindu
Dear Querist
no need to worry, your decision is right and if there is no match then the marriage can not be performed happily.

immediately send an application cum information before Higher authorities of the Govt, and informed them regarding your apprehensions.

immediately file an application before district legal service authority's mediation Cell and approach for amicably settlement.

if you want to contact me over the phone then you can contact me after pay the consultation fee, which is very reasonable.
Nadeem Qureshi
Advocate, New Delhi
3534 Answers
130 Consultations
4.9 on 5.0
Hi, don't bother too much "All is Well" first thing is that no marriage was solemnized so question of filling complaint under dowry demand or harassment does not arise.

2. They can't file all these cases against you or your family members.

3. Suppose if they filed all these cases it will not stand in the eye of law and you can contest the case in merits.



  
Pradeep Bharathipura
Advocate, Bangalore
4105 Answers
133 Consultations
4.3 on 5.0
1) you should prepare list of gifts given by girl side at time of ROKA

2) return the gifts given and obtain their signature in presence of 2 witnesses 

3) in addition offer to pay any expenses incurred by them for ROKA ceremony 

4) you cannot be forced to marry girl you dont like 

5) if you have returned gifts given by them and also paid expenses incurred by them they wont file any case .

6) no case of dowry is maintainable . you have never demanded cash or gifts and marriage has been called off on account of compatibility issues 
Ajay Sethi
Advocate, Mumbai
23284 Answers
1219 Consultations
5.0 on 5.0
Hi
1. You do not have to worry about the possible cases what they can file is , if there was no discussion of dowry.

2. Legally speaking after the promise of marriage if you ddid have a sexual relation ship is chargeable under IPC.

3. Defaming can happen in two ways, legally and in the society spoiling the family name by spreading unwanted gossips.Legally they can not file anything unless you had taken money or gifts etc. and the marriage preparations have not yet stated to speak about an expense they have met,,,,,and also there was no sexual relationship or proximity or undue advantage from your part they can allege. So be cool do not worry about it. Good that you have decided to  call it of before the marriage as you could avoid areal marital dispute.

4. If you apprehend that the family of the girl can file a police complaint , you can approach a session court anticipatory bail, but there is no chance police can simply charge without speaking to you or giving you a notice under the provisions of Cr.P.C to hear your part as per the recent 2014 ruling supreme court ruling. So Stay away from any sorts of contacts with the girl 

 consult an advocate locally and take the help in case of an emergency of any false police complaint by girl's family,  if  needed, you can send them an written intimation /notice through your lawyer stating the facts why you took a decision to call off the marriage.
Thresiamma G. Mathew
Advocate, Mumbai
1316 Answers
85 Consultations
5.0 on 5.0
1. You are free to break the engagement. All the gifts which were exchanged should be returned forthwith.

2. It is true that the girl and her family may file a case for demanding dowry against you. However, you can rebut her case by contesting it. The courts will not accept her statement as the gospel truth. 

3. You can seek bail from the court to avoid being arrested and lodged in jail.

4. There is nothing else you can do at this stage.
Ashish Davessar
Advocate, Jaipur
18158 Answers
449 Consultations
5.0 on 5.0
Hello,
1) there is nothing that you need to be worried about.if you have taken any gifts at the time of the engagement return them after making an inventory and get them to sign in the presence of two witnesses who also need to append their signatures.

2) They can demand compensation for the losses incurred as marriage expenses. Do offer to pay the expenses they incurred.
3) Don't be worried about having to marry someone who is incompatible.

4) You have taken the right decision. In case they file any fake cases you have to contest them on merit.

5) You will get an intimation from the police. Take anticipatory bail if needed. File a report in the local police station about the whole incident, so the police outs aware.
S J Mathew
Advocate, Mumbai
1950 Answers
65 Consultations
5.0 on 5.0
From the facts narrated by you, it doesnt seem to be a dowry case here as no marriage has been solemnised. Further, it is advisable that you return all the gifts received from the Girl side in lieu of your marriage with her. The Police will not register a case of dowry only because you denied to marry a girl due to compatibility issues. 
Shaveta Chaudhary (Sanghi)
Advocate, Chandigarh
821 Answers
60 Consultations
5.0 on 5.0
1. It was wrong on your part to get engaged with the girl first and then verify the compatibility factor. It should have been checked before getting engaged since your breaking the engagement will leave far reaching effect with her and her family, socially, emotionally and mentally,

2. However, it is good decision not to marry her when you clearly felt that the relationship in future  will be strained,

3. Your this decision has save both of you from series of future hellish experience,

4. She can file a case against you for breaking the engagement for want of dowry and you shall have to keep your answer ready as to why did you break the marriage after engagement,

5. Keep evidence ready which will show that you did not demand any dowry,

6. Contest the cases as they come by engaging a local lawyer. 
Krishna Kishore Ganguly
Advocate, Kolkata
12113 Answers
231 Consultations
5.0 on 5.0

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