• Fake marriage comitment

I have uploaded bio data of my sister on christian matrimony.com. Based on that one man contacted us for marriage with my sister. He started talking to my mother and me over phone calls and massages and convinced us that he is a nice person. later on we gave contact number of my sister and they started chating, on chat itself he committed to my sister multiple times that he has finalized her and surely merry her on which my sister also gave a positive response ( we have a record of chat). Unsuspecting we also accepted his offer as he seems to be a nice man. We invited him at our home for further talks on which he accepted the offer and himself gave us the date. We spent money for his welcome and make necessary arrangements as it was supposed to be a engagement also. But he did not turned up and made false excuses on the day of arrival when we have already spent on arrangements. This happened twice and then he said he can not marry
After analyzing every thing it feels he cheated us and caused mental agony to my sister and also caused financial loss to us and damaged our social reputation.
How can we bring this man to justice please help, as he may commit even bigger fraud in future
Asked 4 years ago in Family Law
Religion: Christian

3 answers received in 10 minutes.

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14 Answers

File case of cheating against guy under section 420 of IPC 

 

rely upon messages exchanged with the fraudster 

Ajay Sethi
Advocate, Mumbai
94903 Answers
7570 Consultations

5.0 on 5.0

You can definitely take an action against him. at first, file a police complaint. If police does not take any action, you can file a complaint directly at court. Court will give directions to police to carry further investigations.

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

Hi

File a complaint under section 406IPC 

Breach of Trust 

Thanks 

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

4.8 on 5.0

You can file a defamation and material misrepresentation, fraud case against him. Plus breach of promise that he was going to perform a marriage with your sister. Plus you can recover all financial loss that has happened to your family towards his welcome and on engagement time. 

Ganesh Kadam
Advocate, Pune
12932 Answers
256 Consultations

4.9 on 5.0

You can file for cheating if he had intentionally cheated your sister. Otherwise breaking marriage commitment is an emotional issue and can't come under cheating if money is not involved

Prashant Nayak
Advocate, Mumbai
32051 Answers
183 Consultations

4.1 on 5.0

Marriage is not s contract. It is a religious alliance. One can change his her mind even after commitment and even for without any good reasons. It can not be enforced by law. By breaking a marriage commitment without having any intention to achieve any substantial benefit from the very beginning of such commitment does not constitute any criminal offences.

It all may come under civil law for any monetary loss that may cause due to such breaking of commitment. One can file suit for compensation upon establishing all relevant facts.

Kallol Majumdar
Advocate, Kolkata
2837 Answers
14 Consultations

5.0 on 5.0

See for arrangements and money spent as such no gift is given it is done by you on your will further also there is no physical relationship with sister on false promise of marriage so there can be no strong ground to file criminal case against him. A police complaint can be given though to recover the amount spent.

 

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

This cannot be considered as cheating or fraud done by him.

He has not turned up to your home and later he decided not to go ahead with the proposal.

He cannot be held responsible for the expenses you have incurred, he has not taken even a single glass of water from you hence there is no question of he having committed any crime by refusing to marry your sister.

You may be wasting your time and more money if you try to pursue the matter legally because since there is no crime involved in this, you may not be able to succeed with your intentions.

 

T Kalaiselvan
Advocate, Vellore
85104 Answers
2215 Consultations

5.0 on 5.0

- As per 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.

- Further as per section 73 , 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 .

- Further, breach of promise to marry also attracts an offence of cheating under S. 415 of the Indian Penal Code, if the intention was not to marry at the time of engagement.  

- Since, it is showing that , his intention was very much ,not to marry and cheat your sister yo& ur family members  in the name of marriage , hence he is responsible to pay the compensation for all expenditures & mental harassment 

- Further, since his intention was only to cheat , hence he has committed offence of cheating and breach of trust legally. 

- You should lodge a written complaint against him before the police for the same , and can file online as well. 

 

Good luck and dont forget to rating Positively. 

Mohammed Shahzad
Advocate, Delhi
13333 Answers
199 Consultations

5.0 on 5.0

1. You can lodge FIR against that person for cheating and criminal breach of trust.

2. You can also add that he used fake ID at matrimonial sites so that sections of IT act can also be imposed upon him.

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

5.0 on 5.0

Using the material proofs you have lodge complaint with the concerned police to take action against him for cheating and breach of trust.

 

S Srinivasa Prasad
Advocate, Hyderabad
2876 Answers
9 Consultations

5.0 on 5.0

1. He has not committed any civil wrong much less an offence.

2. The promise to marry is not legally enforceable. One can initially promise to marry and subsequently rescind it if he does not like the person or falls out of love with him. No reasons are to be assigned for rescinding the promise to walk down the aisle.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

A police complaint should be filed against him. If the police are reluctant then file a complaint before a magistrate.

Rahul Mishra
Advocate, Lucknow
14088 Answers
65 Consultations

5.0 on 5.0

Dear Sir,

File a Cheating case under Section 420 

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.

Legal consequences of breaking/calling off an engagement is as follows, as held by Courts in India.

- In Mukesh v. State of Karnataka (2014) where it was said if there is a promise to marry and which has been breached then the other person can institute a civil case and claim damages.

- In Rudresh v. State of Karnataka (2014) where Court held that the breach of contract only institute civil suit for damages and should not be considered as an offence.

Succinctly, it can be said that breaking/calling off an engagement will have liability under Civil Law and no offence under Criminal Law can be made out.
At the max, the party breaking the engagement may have to compensate towards the expenses incurred by the opposite party including returning of gifts.

Netravathi Kalaskar
Advocate, Bengaluru
4952 Answers
27 Consultations

4.8 on 5.0

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