• Cancelling wedding after engagement

Cancelling wedding after engagement

Hi Experts,I got a question, 
I got engaged before 1 year which was arranged and after 3-4 months of engagement I found out that mentality of both of us doesn't match. After 3-4 months of engagement I started convinced a girl that I am not feeling comfortable and will not be able to marry with you. She responded that every thing will be managed. Then my parents started convincing her parents for not to go ahead with the marriage. Her parents didn't agree to discontinue. Then after I strated convincing her calmly that I seriously don't feel for you at all. If we will get marry, we will not be able to live happily. Every thing will be ruined. I am not at all in a condition to get marry you. Then she along with her family pressurized me as well as my family to get marry what ever may be the reason, they don't care. They are not at all concerned about the results of one sided marriage. Now they are going to file suit against me and my family alleging that our family had asked for dowry, and as results of not fulfillment of demands, we are discontinuing marriage. Infact we have not asked single Rupee form a girls family as a part of dowry.. 
In addition, Father of a girl is working in CID department, and he is having much references and almost all the department know him very well and all of them are in his favor just a part of courtesy. They are just using powers and making a mental harassment for marriage every day. 

I need suggestions can an engaged boy be arrested under dowry act ?? 
Can it be bailable ?? 
How to proove that we have not asked single as a part of dowry?? 
Can any other legal action they can taken under this situation?? What would be the consequences of it?? 
I am basically from Bihar but currently working in Ahmedabad, parents are staying in Bihar only. Even girls family are located in Bihar..
Thanks for advice ,
Asked 5 years ago in Family Law
Religion: Hindu

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11 Answers

Dear sir

You should have record the call between your family and there family but it's not late you can go ahead for the evidences without refusing them for marriage just keep postponing the marriage gather the evidences that they are pressurising you for marriage on account of blackmailing you for false charges of dowry after that you can file police complaint against them for blackmailing you but dont let them know that you are recording the evidences

and mean while find another girl who is compatible with you and marry her with simplest form like court marriage. So that you can say that you loved some one else and wanted to marry her not postponing due to dowry. 

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

5.0 on 5.0

1. The charges though is non bailable is not so grave and hence getting bail is easy. So if FIR is registered then apply for bail asap to avoid police harassment.

2. In criminal case the burden of proof of guilt lies upon prosecution only. Thea ccused person need not prove his innocence.

3. You should also file a counter case .

4. File quashing petition in high court once charge sheet is submitted. 

Devajyoti Barman
Advocate, Kolkata
22779 Answers
484 Consultations

5.0 on 5.0

Yes sometimes police under false influence arrest the boy.  Take anticipatory bail first. Proving is part of trial first secure yourself from arrest

Prashant Nayak
Advocate, Mumbai
31807 Answers
175 Consultations

4.1 on 5.0

Yes, they can file only complaint under Dowry prohibitation act. 

Attend the police enquiry with a advocate of Criminal and Family matter experts. The police will conduct  the enquiry and if you are not found guilt, they will not further proceed. 

If the complaint has been filed, file 482 petition before the High court and get the complaint quashed.

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

if case is filed against you for dowry harassment you have to apply for and obtain anticipatory bail from sessions court 

 

2) burden of proof is upon prosecution to prove allegations beyond reasonable doubt 

 

3) case against you would be filed in Bihar 

Ajay Sethi
Advocate, Mumbai
94520 Answers
7485 Consultations

5.0 on 5.0

1. Yes, police can register case under dowry act and can arrest if seems necessary,  however, you can opt for anticipatory bail

2. Depends on contents, from the facts stated above, BAILABLE

3. defend your case by engaging a prominent lawyer and prove the allegations as false

4. Legal actions depends upon one's mindset, They can indulge you and family in false charges of making demand for dowry, 

they can also impose allegations of making physical contact,

You are advised to settle the situation amicably involving the parents, elders, relatives of both sides,

 

 

 

Suneel Moudgil
Advocate, Panipat
2380 Answers
6 Consultations

4.8 on 5.0

See if there are charges of dowry demand and the FIR is lodged before marriage also boy and family can be arrested and can be charged but the other side need proof of demand of dowry.

It is non-bailable bail has to be taken from court, if complaint is filed take anticipatory bail from the sessions court,

See onus is on them to prove that you have demanded dowry you need to defend it, at this stage if no FIR is filed it is better that you try once again with help of local people to settle the issue if that doesn't happen then we have to contest it.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

Hello Sir,

Please be advised as follows:

You need not worry much in your present case. Firstly, I suggest you to return all the gifts, presents or any  other thing that you might have received on the day of engagement. In addition to this for your safety purpose you can apply for an anticipatory bail so that you remain secure of any complain even if filed against you in near future.

Moreover, I suggest you to maintain calm and do not indulge in any activity of violence or of any sort that would make the  case  of the lady strong.  

With regard to the evidences on your part to show that you have not taken any dowry, you can easily draw a chain of evidences, like its just been 3-4 months and you are ready to return if anything has been taken on the day of engagement, and if you are able to prove the  MISSING LINK (that a reasonable doubt before the court that you might not have demanded for the dowry seeing the fact  that you do not want to marry and have went into conversation for the same purpose to the girl) in your evidence contrary to the allegations of the girl you would be proved as innocent,

However, in all the circumstances, you have the right to reject the girl if you do not wish to  marry her and no one can force you to  do that.

Rest if required, you can get back to me whenever you wish to.

Thank you for your time and consideration 

 

Harshit Singh Jadoun
Advocate, Noida
68 Answers
2 Consultations

5.0 on 5.0

Dear Sir,

I need suggestions can an engaged boy be arrested under dowry act ?? 

Can it be bailable ??
Ans: Yes, you can get bail or anticipatory bail. Dowry act is not dependent on commencement of marriage.  It operates on anything demanded in consideration of marriage by either side (before or after marriage)

How to prove that we have not asked single as a part of dowry??
Ans: Prove that you have not asked single paise as a party of dowry through your witnesses.

Can any other legal action they can taken under this situation?? What would be the consequences of it??

Ans: They can file cheating case also against you.

Sure you can take an action for any wrong done against you and for such help you take professionals always there to assist you and guide you to proper legal procedures and advises.

Netravathi Kalaskar
Advocate, Bengaluru
4952 Answers
27 Consultations

4.8 on 5.0

If a complaint under dowry demand has been lodged then the police may register FIR.

It's non bailable.

You can cross examine her properly to nullify her allegations.

 

T Kalaiselvan
Advocate, Vellore
84711 Answers
2172 Consultations

5.0 on 5.0

Dear Querist

My opinion on your queries are as under:-

 

1. No, you can not arrested.

2. No it is not bailable.

3. Immediately issue a legal notice to them through your counsel and called off this engagement and also mention all their misbehavior and pressure tactics. after your notice if they file any suit or case against you or your family than their case will be consider as counter blast case and you will get relief from the court.

 

4. No need to worry, fight the case on merit, they can not take any other legal action except to claim the money spend on the engagement ceremony.

 

Feel Free to Call 

Nadeem Qureshi
Advocate, New Delhi
6307 Answers
302 Consultations

4.9 on 5.0

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