• Cancel marriage after engagement

Dear Sirs,
 Please inform me what are the legal complications if the Boy's side cancels the marriage after the Engagement.The marriage date has been fixed & hall bookings made by both the sides. Enagement Ceremony Had been held at Girls Village.Boy finds that the nature of the Girl does not match his & thinks that he may not be able to continue the relations forward.Please inform what action will be Taken From Girls Side where as Girl Are Totally Wrong it's Decleared in Couminty Meeting.After That girl side Made Bond From Me in Presurre and In girl Area For Damges Claim.that Amount not True.then What Can I Do?
I am Government Employee.
Asked 7 years ago in Family Law
Religion: Hindu

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17 Answers

1) If engagement is cancelled on girl behavior than what they can't force boy in writing a bond etc.

 

2) Meanwhile boy can pay the expenses which occurred and pay those to them.

 

3) No. It can't affect to boys government job.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

1) if you break the engagement offer to pay all expenses incurred by girl side 

 

2) I presume you did not  have any physical relationship with guy before marriage 

 

3) in event girl files false dowry harassment apply for and obtain anticipatory bail from sessions court 

 

4) contact a local lawyer 

Ajay Sethi
Advocate, Mumbai
99790 Answers
8147 Consultations

See you can inform girl side and can lodge a police NC for same that for this reason you are cancelling the engagement you can return there gifts and pay some settlement amount.

The girl side can file for dowry claim false case or a cheating case.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

See you can contest the amouny and can seek ghar it is false and unreasonable seek strict proof of same.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

If they have incurred losses then you can compensate it. Legally they can't file any genuine cases but they may file false dowry case

Prashant Nayak
Advocate, Mumbai
34526 Answers
249 Consultations

1)They cannot file 420 IPC they can file Criminal Breach of trust and defamation case against you. 

2)Engagement is not recognized in any marriage law. Only marriages are not recognized.
You can choose to share the expenses incurred for engagement ceremony as a good will gesture.
There is no compulsion/ law that you are liable to repay the expenses for engagement ceremony or pay money as compensation for cancellation of wedding proposal.

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

  1. As per the information mentioned in the present query, makes it clear that toumay be ready to pay some amount, but the same should be reasonable, and also do not want any criminal case being a government employee.
  2. There has been a recent judgment in which section 420 has been taken away in cases like this, but civil remedy will be open to the girl side to claim the amount which they might have spent (but surely a reasonable amount).
  3. And whatever they would be demanding they will have to show the receipts of the same  before the court of law if they happen to file any suit for recoverynof damages.
  4. In fact, it is good that you have decided before the marriage otherwise would be having kuch more trouble than now. And need not to worry about anything.
  5. And Lastly, if they demand something arbitrary amount as you have mentioned about the bond then you may have to challenge the same stating the same as fake.

Sanjay Baniwal
Advocate, South Delhi
5477 Answers
13 Consultations

1. Marriage engagement does not give rise to any legal right to any of the parties and hence cancellation of marriage engagement does in itself accrues any actionable wrong upon any of the parties.

2. However with he cancellation of marriage of a party has accepted any gift or has suffered loss due to cancellation of marriage , the the other party cancelling the marriage is bound to return the gifts and compensate the loss.

3. No case of cheating lies under any circumstances.

4. If marriage is cancelled due to dowry demand then criminal case under dowry prohibittion act can be filed.

Settle the dispute amicably.

Devajyoti Barman
Advocate, Kolkata
23655 Answers
537 Consultations

In event any cheating case is filed apply for and obtain Anticipatory bail from sessions court 

 

2) ask them to furnish details of expenses incurred by them 

 

3) pay the said amount and reach an amicable settlement with your fiancée 

 

4) no need to pay Rs 680000 

 

 

Ajay Sethi
Advocate, Mumbai
99790 Answers
8147 Consultations

1) Before they do any false case against you, why don't you go and make the complaints against them for mental harassment, torturing and forcing to do marriage against your wish.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

1. Engagement is not in legal parlance a contract to marry. Even after engagement marriage can be cancelled due to change in circumstances. No penal consequences ensue out of cancellation of marriage, but in the Indian social set up it is not a big deal for girl and her family to file complaints against boy and his family under Dowry Prohibition Act enraged by cancellation of marriage. So if a complaint is filed then boy and his family members should immediately apply for anticipatory bail.

2. Gifts exchanged should be returned mutually.

Ashish Davessar
Advocate, Jaipur
30840 Answers
981 Consultations

Dear Sir,

The following information may kindly be read:

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.

Netravathi Kalaskar
Advocate, Bengaluru
4951 Answers
27 Consultations

Hi,

You may write the informatory applications to local administrative authorities regarding the threat extended by them and have a copy of that for your safety purpose. 

Ganesh Singh
Advocate, New Delhi
7169 Answers
16 Consultations

It is not a criminal offence to break off an engagement.

The girl and her family can only file a civil suit for damages against you to recover the amount spent by them, plus some compensation.

Siddharth Jain
Advocate, New Delhi
6617 Answers
102 Consultations

You do not have to succumb to their threats has no criminal case is maintainable for making of an engagement under the current provisions of law.

 

The girl and her family would have to prove the damages in court. They produce the set Bond as evidence,you can state that it was taken under duress and causes which does not hold any value in the eyes of law.

If the girl does not produce the bills of the claimed damages, the suit could be decided against them.

Siddharth Jain
Advocate, New Delhi
6617 Answers
102 Consultations

If you want to cancel the proposed marriage you may communicate the same in writing to the father of the bride for the reasons you may rely upon.

The reaction may be that they may try to implicate you all in false dowry harassment case.

To avoid such issues you may offer to return the expenses proportionately.

 

T Kalaiselvan
Advocate, Vellore
89992 Answers
2495 Consultations

They may threaten and demand a huge amount, better negotiate the amount and solve the issue amicably.

T Kalaiselvan
Advocate, Vellore
89992 Answers
2495 Consultations

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