• Engagement breakup

Engagement breakup from groom side due to some issues from bride and her family..is there any legal cases.. possible..to put
Asked 3 years ago in Family Law
Religion: Hindu

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45 Answers

Mention reasons why you want to break engagement 

 

2) offer to pay expenses incurred by girl dude 

 

3) return all gifts received at time of engagement 

 

4) if false dowry harassment case is filed apply for and obtain Anticipatory bail from sessions court 

Ajay Sethi
Advocate, Mumbai
94714 Answers
7530 Consultations

5.0 on 5.0

They can file case of cheating and dowry demand - reason to break engagement. 

Yogendra Singh Rajawat
Advocate, Jaipur
22633 Answers
31 Consultations

4.4 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, the party who broke the contract due to mistakes of other party will have also bear the consequences for breaching the contract as well. 

-  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, you have broke the engagement due to some issue from the bride and her family , hence you are not responsible for the same , and the bride family will have to prove the existence of promise of marry. 

- Further, your intention was very much to marry with that girl and not to cheat the bride family , by this way you have not committed any offence legally. 

- Better to just return the gift , ring etc received at the time of engagement immediately , and further you are not responsible to pay the cost of engagement legally. 

 

Good luck and dont forget to rating Positively. 

Mohammed Shahzad
Advocate, Delhi
13219 Answers
198 Consultations

5.0 on 5.0

Marriage engagement or  betrothal doesn't give rise to any legal obligation out of this and hence it doesn't force parties to marry each other in all circumstances. 

However on such breach of engagement for marriage the parties are bound to bear or compensate for expenses borne by each of them. This include exchange of gifts as well. 

Now if this breach is unilateral without any plausible cause then a civil suit for damages can be filed. 

The scope for filing criminal case begets only if there was dowry demand. 

Devajyoti Barman
Advocate, Kolkata
22821 Answers
488 Consultations

5.0 on 5.0

No, there is no such available in the India.  

Ganesh Kadam
Advocate, Pune
12930 Answers
255 Consultations

4.9 on 5.0

Both the  parties are bound to compensate for expenses incurred at the time of the engagement and return all the  gifts exchanged.

If the there was a demand of dowry, the other side can file a criminal complaint. 

Besides that there are no legal remedies. 

Agam Sharma
Advocate, New Delhi
617 Answers
6 Consultations

5.0 on 5.0

Dear sir,

If engagement broke up due to some genuine reason there is no such case to put up you dont have to worry there is no such case to be involved you can be free!!

Ayesha Sultana
Advocate, Bangalore
280 Answers
1 Consultation

Not rated

What kind of issues?

If it is Dowry demand then yes FIR can be lodged against the groom by bride or her blood relative to the Police Station under whose jurisdiction the offence has been committed. 

Ramesh Pandey
Advocate, Mumbai
2541 Answers
8 Consultations

5.0 on 5.0

1. Legal complaints/cases are lodged/filed against someone when illegalities are found in any of her acts and conducts.

 

2. Unless the engagement has been broken on dowry issue, then you can certainly lodge a police complaint against the prospective groom.

Krishna Kishore Ganguly
Advocate, Kolkata
27219 Answers
726 Consultations

5.0 on 5.0

- Do the needful as i mentioned above , otherwise they can approach police . 

Mohammed Shahzad
Advocate, Delhi
13219 Answers
198 Consultations

5.0 on 5.0

1. If the breakup is due to genuine reason and if the same reason is communicated to the bride's side, then there cannot be any problem.

2. It should be ensured that whatever gifts, jewellery, etc., has to be returned back to the bride's side.

Shashidhar S. Sastry
Advocate, Bangalore
5115 Answers
314 Consultations

5.0 on 5.0

If you're not taking dowry then no issue if the marriage were performed then divorce or nullity case can be filed but not in the engagement broken case.

Ganesh Kadam
Advocate, Pune
12930 Answers
255 Consultations

4.9 on 5.0

Keep proof of this that you never demanded dowry and reason of breaking engagement is no understanding

 

Yogendra Singh Rajawat
Advocate, Jaipur
22633 Answers
31 Consultations

4.4 on 5.0

If the break up of engagement is not on dowry issue, then no case can be filed against the groom for his said act of breaking the engagement.

Krishna Kishore Ganguly
Advocate, Kolkata
27219 Answers
726 Consultations

5.0 on 5.0

Then No case.

Ramesh Pandey
Advocate, Mumbai
2541 Answers
8 Consultations

5.0 on 5.0

Mention reasons for breaking engagement as you feel both do not share same wave length are not compatible 

Ajay Sethi
Advocate, Mumbai
94714 Answers
7530 Consultations

5.0 on 5.0

Dear sir,

If it's broken nothing to worry each party can return the gifts gifted at the time of engagement apart from that no suits can be filed  you can relax!!

Ayesha Sultana
Advocate, Bangalore
280 Answers
1 Consultation

Not rated

I have already advised. Now you understand whether the circumstances applies to you or not.

Devajyoti Barman
Advocate, Kolkata
22821 Answers
488 Consultations

5.0 on 5.0

They may file false cases of dowry, if filed, apply for anticipatory bail. 

Prashant Nayak
Advocate, Mumbai
31949 Answers
179 Consultations

4.1 on 5.0

There is no reason to knock the courts for reasons like these. The courts are already over burdened with many frivolous cases hence please sort the issues by talking and close this chapter.  

Garima Anil Mehrotra
Advocate, Mumbai
514 Answers
1 Consultation

4.9 on 5.0

1.No legal issues as such. It arises only if the bride's party complains to the police or in the court that u had illegal demands or u have taken gifts cash etc from them, not returned them and u made them to pay a lot in engagement party. 

2. It can b countered by returning d things and making clear that u both cannot get along with each other and the marriage will nt b a success. 

Sital Patil
Advocate, Kota
139 Answers

Not rated

There can be nothing against the groom for cancellation of engagement. 

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

4.8 on 5.0

try to settle the matter amicably involving elders of both sides, however, to create unnecessary/unwanted pressure the bride side can frame false charges of dowry demand,

Suneel Moudgil
Advocate, Panipat
2381 Answers
6 Consultations

4.8 on 5.0

Dear Sir,

Nothing to worry. You have taken a very good and wise decision because taking divorce by husband is Hercules job. On the subject you  may see the following judgment. It is only civil liability and you cannot be booked for any criminal case. 

==============================================================

Refund cost if you call off engagement, says SC – FIR Quashed.

New Delhi: After three years of litigation, a Delhi man's family realised on Friday that breaking a marriage alliance after enjoying the engagement party made them liable to reimburse the cost.
In 2012, a government doctor finalized the marriage of his son, who was in the real estate business, with a girl from Thane in Maharashtra. The 'roka' (engagement ceremony) took place in Delhi on June 8, 2012. The girl's parents spent lavishly in entertaining the prospective groom's family and friends.

But the boy's family later called off the alliance claiming that the girl's family had suppressed facts about her. Infuriated by the turn of events, the girl's parents filed a case under Section 420 (cheating) of IPC against the boy and his father in Thane.


The father and son sought anticipatory bail from a Thane court, which after mediation proceedings asked them to pay Rs 1.50 lakh to the girl's parents towards the expenses they incurred on the ceremony. The boy's family claimed they had spent Rs 4.50 lakh for the ceremony. But the trial court asked them to compensate the girl's family.

The boy's family paid up but the girl's family did not withdraw the case. The boy moved the Bombay HC seeking quashing of the case. The HC refused, saying a case of cheating was made out.


Appearing for the boy's family in the SC, senior advocate Rana Mukherjee told a bench of Justices J S Khehar and Arun Mishra that once the girl's family was compensated for their expenses, there was no question of any cheating in the matter, which was a case of a prospective matrimonial alliance going sour.

Kishan Dutt Kalaskar
Advocate, Bangalore
6136 Answers
487 Consultations

4.8 on 5.0

1. Breaking up engagement is neither a  civil wrong nor an offence.

2. However, the dark reality is that in most such cases the disgruntled family members of bride plant false cases alleging demand of bribe by the groom and his family members.

3. If FIR gets lodged under Section 3 and 4 of Dowry Prohibition Act then apply for anticipatory bail immediately.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

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
19299 Answers
32 Consultations

4.7 on 5.0

Amicable settlement is best option. 

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

No legal issue can be there except if there is a demand of dowry .

Swarupananda Neogi
Advocate, Kolkata
2964 Answers
6 Consultations

4.7 on 5.0

Only case of dowry can be filed by aggrieved family and if there is no dowry involved then there is no need to worry about any type of cases. 

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

5.0 on 5.0

The bride side may plan to wreak vengeance on being frustrated over the breakup of the engagement. 

They may try to foist false case with the help of political influence also or through police directly. 

Therefore you may be vigilant about it always until a compromise settlement is not arrived. 

T Kalaiselvan
Advocate, Vellore
84915 Answers
2195 Consultations

5.0 on 5.0

You may justify your side reason   but until and unless you confirm that they also agreed for this cancellation,  you should be vigilant about the developments. 

 

T Kalaiselvan
Advocate, Vellore
84915 Answers
2195 Consultations

5.0 on 5.0

Please  arrange video recording  and still photography for compromising Sessions to protect you from any untoward incident in future. 

Ramesh Pandey
Advocate, Mumbai
2541 Answers
8 Consultations

5.0 on 5.0

Return all gifts received . Pay expenses incurred for engagement 

 

obtain in writing from girl family that there is no exchange pending between parties 

Ajay Sethi
Advocate, Mumbai
94714 Answers
7530 Consultations

5.0 on 5.0

- Marriage with her depend upon your discretion , and you want to settle the reasons of dispute , then you can marry with her .

- If they are not interested then ask to return your items given to her as gift etc. 

Mohammed Shahzad
Advocate, Delhi
13219 Answers
198 Consultations

5.0 on 5.0

Just settle with the expenses if incurred by both the sides. Make a notarized agreement that after this settlement no criminal case or civil case will be filed from both the sides

Prashant Nayak
Advocate, Mumbai
31949 Answers
179 Consultations

4.1 on 5.0

Exchange/ Return all Giftss and settle dispute amicable and  execute an MOU through An advocate. 

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

You enter into a memorandum of understanding signed by both the sides with witnesses from both the sides.

In the MOU, you can draw all those conditions which would prevent future litigation from either side and can safely handover the compromised amount also by cheque or DD with a mention about the number of the instrument in the MOU.

 

T Kalaiselvan
Advocate, Vellore
84915 Answers
2195 Consultations

5.0 on 5.0

Get an registered agreement signed for compromise 

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

4.8 on 5.0

No legal issue can be there .

Swarupananda Neogi
Advocate, Kolkata
2964 Answers
6 Consultations

4.7 on 5.0

There are absolutely no issues. Marriage hasn't been solemnnised.

Rahul Mishra
Advocate, Lucknow
14088 Answers
65 Consultations

5.0 on 5.0

If there are compatibility issues then it is better to separate.

Rahul Mishra
Advocate, Lucknow
14088 Answers
65 Consultations

5.0 on 5.0

You should explain the situation to them. If you don't want to live together and are incompatibility issues are there tell them.

Rahul Mishra
Advocate, Lucknow
14088 Answers
65 Consultations

5.0 on 5.0

If you have concrete proofs in support of your case, the chances are less.  However, you cannot stop them from filing false cases.

S Srinivasa Prasad
Advocate, Hyderabad
2876 Answers
9 Consultations

5.0 on 5.0

If understanding is the only issue, you need to support you case and come out of the issue by talking to them amicably.  Preferably try to record the meeting, it may come to your support.

S Srinivasa Prasad
Advocate, Hyderabad
2876 Answers
9 Consultations

5.0 on 5.0

Pen down the separation in the form of an understanding i.e., Memorandum of Understanding capturing the details of separation and retain one original with you, if possible record the entire episode / take photos etc.

S Srinivasa Prasad
Advocate, Hyderabad
2876 Answers
9 Consultations

5.0 on 5.0

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