• Cancel marriage after engagement

Dear Sirs,

Please inform what are the legal complications if the Boy's side cancels the marriage after the Roka/Engagement. The marriage date has been fixed & all bookings made by both the sides. Boy finds that the nature of the Girl does not match his & thinks that he may not be able to continue the relations forward. No engagement has taken place. Only Roka & no gifts received by Boy side.
Please inform what action the Girl side can take & its legal implications if some one breaks this relation before marriage after Roka.
Asked 2 years ago in Family Law from New Delhi, Delhi
Religion: Hindu
There is no illegality involved and therefore no implications. There could be an (unsuccessful) attempt to claim damages.
H. S. Thukral
Advocate, New Delhi
520 Answers
125 Consultations
5.0 on 5.0
there is no legality involved if the marriage is not solemnized ,rather it is betterment for both as they/ either of party has decided not to marry.
Rajeev Bari
Advocate, New Delhi
1506 Answers
92 Consultations
3.5 on 5.0
1) it is difficult to believe your statement that roka ceremony has taken place and no gifts exchanged . 

2) generally in roka gifts are given to boy and his family .

3) if boy desires to cancel the marriage after roka it is only fair that he pays girl side expenses incurred for roka . similarly cancellation charges if any for booking of banquet hall should be paid by boy side . gifts if any have to be returned 


4)you have not mentioned whether any physical relationship had taken place between boy and girl after roka 

5) inorder to harass the boy girl side would definitely try to extract some money by lodging police complaint . please note that if  sexual intercourse has taken place after roka girl  side would definitely file case under section 376 of IPC  for rape
Ajay Sethi
Advocate, Mumbai
23365 Answers
1223 Consultations
5.0 on 5.0
yes in order to harass they can file police complaint,but do not worry so much ,it will be more comfortable then fighting a case when you are married.
Rajeev Bari
Advocate, New Delhi
1506 Answers
92 Consultations
3.5 on 5.0
Marriage can be cancelled at any time. No illegality flows out of an act of cancelling marriage due to a change of mind. She can at the most apply for monetary damages, which claim can be successfully rebutted by the boy.
Ashish Davessar
Advocate, Jaipur
18183 Answers
449 Consultations
5.0 on 5.0
Girl and her family may approach police and attempt to file a false police complaint against boy and his family members in order to extract money from them. As such, boy's family has to be on guard and, if necessary, apply for bail.
Ashish Davessar
Advocate, Jaipur
18183 Answers
449 Consultations
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definitely then can approach to police it will be better if you sort out this mutually & pay their actual expenditure involved
Avdhesh Chaudhary
Advocate, Greater Noida
565 Answers
20 Consultations
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yes, they can, if they have criminal mind/want revenge from boy side then they can file a false complaint before police or women cell regarding Dowry Demand and registered case u/s 3/4 of DP Act.
Feel free to Call
Nadeem Qureshi
Advocate, New Delhi
3537 Answers
130 Consultations
4.9 on 5.0

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