• Calling off engagement

Hi,

I got engaged in April which was very quick we met just once at home before it and the girl with whom I got engaged is a shy girl and I gave her all the time needed to get comfortable. As the time went by I realize that I am not getting any feelings for her and we both are of same reserved nature. There is hardly any conversation we have I too lost hope and stopped initiating as of today july 13 I am now strongly of the view that we are not compatible and it will not be a good married life if we get married. On 16 she is going to delhi for her further studied after which she will return on october and in November 24 marriage date is fixed. I am really depressed as i cant speak to her dad as he is just out of ICU as he had heart problem. Just wanted to know the legal consequences I need to face for calling off as we never had and physical contact of whats so ever. And expense borne will be mitigated. Expert advise needed. If any one can call on [deleted] will be helpful really depressed.
Asked 5 years ago in Family Law
Religion: Hindu

2 answers received in 30 minutes.

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14 Answers

1) you are at liberty to call off engagement if you are not compatible 

 

2) offer to meet the expenses incurred by girl family and return all gifts received by you 

 

3) in case any false dowry harassment case is filed apply for anticipatory bail from sessions court 

Ajay Sethi
Advocate, Mumbai
94691 Answers
7527 Consultations

5.0 on 5.0

No legal issue. You are free to choose your life partner. No one can compel you to take a decision. No obligation on your part in regard to any sort of engagement expenditure. Simply convey your decision to them.

Kallol Majumdar
Advocate, Kolkata
2837 Answers
14 Consultations

5.0 on 5.0

Respected sir... 

Above situation stated by is good and your decision over that is also good as now you are not happy with her then how can you presume future with her... Just call her brother or any other family members of her and elaborate all the situation but prior to that i would like to advice that plz discuss with your family members... Legally you Will not have to face any litigation as nothing is made out... 

 

Thank you

Dinesh Sharawat
Advocate, Delhi
1263 Answers
12 Consultations

4.9 on 5.0

See you don't need to get depressed you can try to talk to girl if things change you can go ahead marry if not then try braking marriage mutually take on record from girl that there was no demand of dowry and you both are not compatible that is why you are calling of this marriage. 

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

She may file false case of dowry prohibition Act against you

Prashant Nayak
Advocate, Mumbai
31930 Answers
179 Consultations

4.1 on 5.0

There is no law which requires any penalty for breaking engagement. 

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

Hello,

talk to them and call of the engagement and reimburse them with the expenses in engagement and the goods that would have been shared.

rest they may file a false case of dowry and cheating.

regards

Anilesh Tewari
Advocate, New Delhi
18078 Answers
377 Consultations

5.0 on 5.0

Breaking engagement is no offense but way must be proper otherwise false cases of dowry demand etc. And it should be communicate through parents, and without delay, must the time will pass, repercussion.

Yogendra Singh Rajawat
Advocate, Jaipur
22623 Answers
31 Consultations

4.4 on 5.0

Dear Sir

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
4952 Answers
27 Consultations

4.8 on 5.0

You first talk to your parents and convey your decision to call off the proposed marriage and cancel the engagement.

You may ask your parents to communicate your decision to cancel the marriage proposal as you are not comfortable with the girl and she may not be compatible to you in your life as your life partner, hence to call off the marriage.

You dont have to inform them directly since your parents and other elders were involved in arranging this marriage and the betrothal, hence keep them under confidence  so tht they will handle the situation properly.

T Kalaiselvan
Advocate, Vellore
84890 Answers
2190 Consultations

5.0 on 5.0

The relationship is not working out. So you should eithwr talk to her about it or to your parents. If you still want to go ahead then you will have to break the news yourself to her. 

The girl's family may raise issues of dowry etc. And the expenses but as you have stated you will bear all the costs i don't think any problem would arise.

Also first  talk to her. 

Regards 

Rahul Mishra
Advocate, Lucknow
14088 Answers
65 Consultations

5.0 on 5.0

  1. As per the information mentioned in the present query, makes it clear that you have genuine reason to call it off as no need to proceed further when life of both the people can be at risk and painful.
  2. Yes, there are cases wherein people have filed 420 cases against the party calling off the engagement.
  3. As per my advice, I would also recommend you to talk to her first and try to get things sorted out.
  4. As it will not be a wise idea to talk later in the year as marriage date will be so close then.

Sanjay Baniwal
Advocate, South Delhi
5474 Answers
13 Consultations

5.0 on 5.0

This is my response to you:

1. Breaking off an engagement does not require any legal process;

2. Though you can appoint a mediator, to sort out the misunderstandings between your families;

3. Consult a family lawyer, discuss full facts and take steps.

Gowaal Padavi
Advocate, Mumbai
1920 Answers
5 Consultations

5.0 on 5.0

Dear

Calling of engagement doesnt attract any legal consequences but if you want to be careful just record the conversation when you tell her dad or the girl that you don't want to get this relationship to next level and don't want to marry.

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

5.0 on 5.0

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