• What's are the legal consequences of breaking wedding after engagement

Sir I got engaged 15 days back afterwards the girl started showing her true colours she starred lying and creating big issues for small thing's and even has told me that she dose not like me let's call it off .and she directly told me that she had a lot of guys behind her don't make me think about them and she also told she agreed to this marriage due to her father liking me . now after all this I am telling we will not be happy together after all these things when I decided to call it off their father and his friends around 20 people are threatening and everyone are forcing me to get married Corning me and telling me you have no choice . and I have recorded the entire conversation of them talking to me and the girl tell she dose not like this pls someone help me I need your advice sir I have not done any mistake neither we have asked any dowry from them infact we have given them jewel's worth a lot more than the engagement cost(the engagement was very small and simple ) we never received any gift from them neither do we want any as we don't believe in dowry
Asked 6 years ago in Family Law
Religion: Hindu

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41 Answers

Girl side can file case against boys family under dowry prohibition Act

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

You cannot be forced to marry girl against your wishes 

 

2) you are at liberty to call off the marriage 

 

3) offer to pay expenses incurred fir the engagement 

 

4) in event girl files false dowry harassment case apply for and obtain Anticipatory bail from sessions court 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

Rely upon evidence in your possession that no dowry was demanded by your family 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

try to settle the matter amicably involving elders of both sides, if failed, you can make a police complaint against them for forcing you to marriage

if girl side make an FIR apply for anticipatory bail, (keep evidence -recordings with you)

marrying such a girl is not advisable

break relationship

 

Suneel Moudgil
Advocate, Panipat
2386 Answers
6 Consultations

Nothing to worry about it. First complain to police if someone is threatening you. If require make written complaint to police. 

Inform the other party that based on some material facts having great relevance to the marriage, some of which were suppressed by the other party to the engagement and came to your knowledge from other sources, you reasonably feel that this engagement if turn up into marriage would not lead to a happy marriage in common parlance and therefore you have taken a decision of your own without any influence or pressure of anybody to break this engagement forthwith. 

Note: law does not bind either party to the engagement to marry the other party. It is your own choice and freedom to marry someone of your choice. 

Kallol Majumdar
Advocate, Kolkata
2837 Answers
14 Consultations

1. Engagement does not bind a person to marry. Even after engagement marriage can be cancelled due to change in circumstances.

2. Although legally one is not liable for not entering into wedlock with the person he was engaged with, but the reality is that Indian girls and their families consider it an insult if they hear no from boy after engagement, hence in most cases false complaints under the provisions of Dowry Prohibition Act, 1961 are lodged against the boy and his family members.

3. If and when any such complaint is lodged and it translates into FIR then apply for anticipatory bail.

Ashish Davessar
Advocate, Jaipur
30840 Answers
981 Consultations

A complaint must be filed against them immediately in the police station wherein itvmust be stated that you are breaking the engagement and because of irreconcilable differences. The amount spent on the engagement must be given to them and they must return your jewellery etc.

Regards 

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

You should give an  application before they file a complaint against you for dowry etc.

Regards 

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

I am not saying that you have asked.  I just said what they can file against you. 

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

1. After the marriage engagement one can call of the marriage at any point of time and for this there is no restrictions in law.

2. So once you decide you must return their all articles which may have been gifted to you and compensate the costs they may have incurred for arranging the marriage engagement party.

3. Communicate this in writing and then move on for another prospective bride.

4. Lodge complaint about their threats with the local Police station.

Devajyoti Barman
Advocate, Kolkata
23653 Answers
537 Consultations

Sir call off the marriage inform them that you are breaking this engagement ask them to return gift if they are willing and lodge a police complaint stating all facts and intimidation from there side. If there is no dowry no demand and girl want to break it too there won't be any consequences.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

Call off engagement inform police in local jurisdiction there won't be any issue.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

There is no law which requires any penalty for breaking engagement. However if one party has incurred sole expenses towards the engagement then they may try to recover the same by alleging that the same was broken due to a dowry demand being unfulfilled. Therefore break off as amicably as possible.

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

issue a legal notice to them through your counsel and call off the engagement based on her desire and claim all your gifts and money spend on the engagement, if you are not doing this, she or her family may file false criminal case against you and your family for demanding dowry under section 3/4 of Dowry Prohibition act-1961.

 

Feel Free to call

 

 

Nadeem Qureshi
Advocate, New Delhi
6348 Answers
302 Consultations

You can communicate your decision to call off the proposed wedding with her in writing citing her own statements to call off the same since she do not like you and she would not be comfortable to marry you and it was on he insistence that you have decided to call off this proposed marriage and this communication may be sent to her by registered post. You may also add that you or your parents never demanded any dowry for the proposed marriage nor there were any exchange of gifts that can be considered as dowry in the same communication so that even if her parents would lodge a police complaint in this regard, this may protect you during trial proceedings on this.

You may endorse a copy to the local police station as well as to the district superintendent of police so that even if they lodge a complaint you  may take shelter under this notice.

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

You may make a mention about this in your notice to them communicating your decision to cancel the proposed marriage which will help you to defend your interests when ther is a criminal complaint filed by them in this regard in future.

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

For criminal case of this nature no private company generally takes any punitive action.

So you can rest assured on this account.

Devajyoti Barman
Advocate, Kolkata
23653 Answers
537 Consultations

No such issues legally can come but if some false complaint is filed you can proceed for defamation

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

  1. You need not to worry about anything when you have everything as evidence which will protect you from every illegal actions of their, if happen to.
  2. In fact, it is good that you decided to put to end to this relation, otherwise after marriage it will be very difficult for you to end the marriage.
  3. You should first file a police complaint about then that they are forcing you and threatening you to marry her when she herself said that she has many boys behind her.
  4. Once, you file ge first complaint then you will be protected from their any illegal after action against you.
  5. And no body can force you to leave the job, not even the company when you have not done something wrong or illegal.

Sanjay Baniwal
Advocate, South Delhi
5477 Answers
13 Consultations

The employer need not give notice if misconduct is the cause for termination. 

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

Since you have been advised to issue a legal notice to them about your decision to cancel the marriage, you may keep the copy attached to a letter to be submitted to your office head requesting them to record the issue and to not to entertain any complaint from the girl side in this regard who may try to level false allegations on you to wreak vengeance  for this.

You may keep your office manager under close confidence by apprising him of the events that took place and your  fear and apprehensions about their revenge on you through  a complaint with the office.

Before that you may  clarify from your HOD about giving an explanation to the office in this regard.

 

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

On this ground they cannot terminate you. Further the company has to provide you notice period and can only terminate you as per the offer letter and agreement only.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

Just inform your superiors about threats faced by you from your fiancée and her family members 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

1. There is nothing you can do unless they take some action against you.

2. Your rights are governed by the contract that you have executed,

Ashish Davessar
Advocate, Jaipur
30840 Answers
981 Consultations

An application must be given to the police narrating the events which have happened.

Also a copy can also be given and your seniors should also be taken into confidence about this issue.

Regards 

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

Dear Sir,

You go ahead by breaking the engagement since you have records about her refusals to marry you on several grounds.  Nothing will happen and if they venture any force activities then approach police or Hon'ble court by filing private complaint.  It was not matured into marriage as such at the most you may asked to reimburse engagement expenses if any. There will be no danger for job since she has not entered into any legal marriage contract.

Kishan Dutt Kalaskar
Advocate, Bangalore
6230 Answers
499 Consultations

Dear Querist

you may file a civil suit for injunction against them before the civil court of your area and try to get restrain order against them. if they create any problem after the court's order than they may be prosecuted for the offence of contempt of Court under Order 39 rule 2A of CPC.

 

Feel Free to Call

Nadeem Qureshi
Advocate, New Delhi
6348 Answers
302 Consultations

See you can mention in your complaint with the police that girl was also being forced for the marriage

 

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

This aspect of the matter must also be mentioned in the application and notice and tell them that you have come to know about this too.

If possible try to talk to the girl and take her statement.

Regards 

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

You cannot take any legal action since you have already issued a legal notice communicating your decision to cancel the proposed marriage.

Let them take any decision, you dont accept their proposal to marriage, if they go to police you can show the legal notice and can confirm your decision to not to go ahead with this proposal and if need be you may even obtain AB to challenge their false case in case the police is registering FIR.

 

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

Thanks for your appreciation 

 

2) obtain in writing from girl that x amount is received in full and final settlement and there are no exchanges pending between the parties 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

Yes you can do so.  Kindly follow the earlier advices

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

No need to mention this in notice. You can rather inform this to police.

Kallol Majumdar
Advocate, Kolkata
2837 Answers
14 Consultations

No need to mention this in notice. You can rather inform this to police.

Kallol Majumdar
Advocate, Kolkata
2837 Answers
14 Consultations

No need to mention this in notice. You can rather inform this to police.

Kallol Majumdar
Advocate, Kolkata
2837 Answers
14 Consultations

1) do you have any evidence that girl father threatened to commit suicide if she did not marry you 

 

2) if so rely upon said messages received from your fiancée to that effect if her father commits suicide or attempts to do so 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

The suicidal threats are within their family members, you dont interfere in it, who knows it may not be a fact also, it may be created to put pressure on you indirectly.

You remain composed and concentrate on what is to be done from your side by not getting involved in such fictitious sentimental issues, it is their problem let them sort it out, if he commits suicide it is not your problem, you cannot be held responsible for his stupid act.

 

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

The father has not only mislead you but has threatened his daughter and has caused all these problems. You should lodge a complaint against him for creating this mess.

Regards 

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

Yes you can file complaint for such harassment

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

Yes mention same in your complaint that girls father is intimidating of suicide forcing you to marry. 

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

Dear Sir,

As indicated by the present Indian laws, an engagement does not amount to marriage. Marriage, according to law, is sacramental. ... There would be no legal consequences or penalties in the event that you breaking off an engagement with the individual whom you are engaged to, since marriage was not solemnized by the laws

I cannot say anything about criminal legal consequences but one may have civil legal consequences. Generally engagement is treated as agreement to marry in future. If you never engaged, you need not worry. But if you engaged with someone to marry, you should know that you are in a binding contract.

According to section 65 of Indian Contract Act any person who has received any advantage under such agreement or contract is bound to restore it, or to make compensation for it to the person from whom he received it. So, if you got any valuable gifts, engagement ring, or money, you must return it to avoid a suit by the other party entitled to claim in the Court of law.

According to section 73 of ICA, “when a contract has been broken, the party who suffers by such breach is entitled to receive, from the party who has broken the contract, compensation for any loss or damage caused to him thereby, which naturally arose in the usual course of things from such breach, or which the parties knew, when they made the contract, to be likely to result from the breach of it.

Such compensation is not to be given for any remote and indirect loss or damage sustained by reason of the breach…”

If the other party made arrangements for booking a club or hall or bought required goods for the purpose of engagement or marriage or both, the other party may sue you to recover compensation for such loss or damage.

Netravathi Kalaskar
Advocate, Bengaluru
4951 Answers
27 Consultations

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