• Interacting with fiancee during courtship

My parents have arranged my marriage with a girl. Both the families approve of each other and are mutually on cordial terms. The marriage will take place in nine months.

My parents have advised me to maintain my gravity while I interact with my fiancee and not to get too much attached to her emotionally at any stage before the marriage. They also advised me not to take any selfies with her when we go out on dates. Their justification for the above instructions is: "Since it is an arranged marriage and we have known the girl's family for six months only, we do not know their true intentions. If the marriage does not materisalize, the girl's family may blackmail us using those pictures or any intimate/personal text messages exchanged between us."

However, over the last six months, we have become emotionally attached to one another and have exchanged personal texts between us (but this can be easily proven to be a naturally-flowing two-way communication within limits of decency). We have also clicked decent pictures of us at public places or restaurants.

Kindly advise if I may be implicated for these actions if my parents decide to cancel the marriage between us due to any unforeseen circumstances.
Asked 4 years ago in Family Law
Religion: Hindu

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9 Answers

1) as long as you don’t have physical relationship with your fiancée before marriage you cannot be accused of rape 

 

2) mere chatting with your fiancée or clicking pics would not have adverse consequences 

 

3) however if you call of marriage your fiancée family may file dowry harassment case against you and your family members 

 

4) make it clear that you don’t want any dowry at time of marriage 

Ajay Sethi
Advocate, Mumbai
99779 Answers
8145 Consultations

Marriage can be cancelled without assigning any reason even after engagement.

If any gifts were mutually exchanged they should be returned, nothing else is to be done.

No illegality flows out of an act of cancelling marriage due to a change of mind. Engagement or betrothal has no legal enforcing status and on breach of it no case lies. However if one party can establish that engagement was cancelled willfully and to cause damage to the other then civil suit for damages can be filed.

 

However aggrieved over the decision to cancel the marriage after engagement, in retaliation they may even try to lodge false dowry harassment cases against you and yor parents  and that since they were unable to meet your demands, you have cancelled the marriage.

Thus false implication in a  criminal case may be a result to your act of calling off the marriage after engagement.

T Kalaiselvan
Advocate, Vellore
89978 Answers
2492 Consultations

Well this is natural if you interact with her and it cannot be stopped once you start talking and meeting. But as advised you may maintain a certain distance while meeting. 

You cannot be implicated because it is a two way communication and both partied are interested in meeting and eventually marrying each other.

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

Hello, 

  1. The fact that you are engaged to be married to the lady and both families are part of the decision should give you the liberty of interactions you have had. 
  2. As long as your two way messages are 'within limits of decency' and the selfies being 'recent there's no way you can be implicated on basis of ttyl actions. However, in case of unilateral cancellation of the proposed marriage you can be held liable to the extent of breach of promise to marry. 

S J Mathew
Advocate, Mumbai
3619 Answers
175 Consultations

Dear Sir,

1) Interacting with your fiancé taking pictures, and two way communication within limits of decency does not attract any legal consequences.

2) If you enter into physical relations on promise of marriage and later cancel marriage, the same can attract legal consequences, in such case aggrieved fiancé can drag you in case of rape.

3) Make clear that you do not intend to take any dowry, as if you cancel marriage, the fiancé can make fake claim that you cancelled marriage on account of them not paying dowry.

4) If it is two way mutual communication, and later both mutually agreed to part way, it won't attract any legal consequence.

Thank you

 

Anik Miu
Advocate, Bangalore
11014 Answers
125 Consultations

Renaming in touch during talk of arranged marriage is quite normal and I wonder wht does the word ' gravuty' menas when the parties are going to tie the knot and remain bound to it for the rest of lives.

For leading a successful marriage ignore the thoughts of negativity, tricks and skepticism.

Have faith in yourself and in your future bride.

Best of luck. 

Devajyoti Barman
Advocate, Kolkata
23653 Answers
537 Consultations

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.  

- Hence, if due to any reasons , this engagement broken , then you can return the gift etc. received from the family of girl .

- Sharing of gift and pictures will not effect you , in case the engagement broken . 

Mohammed Shahzad
Advocate, Delhi
15814 Answers
242 Consultations

Dear Sir,

 Not to worry too much. Believe in the notion "MARRIAGES ARE MADE IN THE HEAVEN". 

Kishan Dutt Kalaskar
Advocate, Bangalore
6230 Answers
499 Consultations

You can not be charged with any offence or implicated in any way for the acts done by you which is very normal.

Krishna Kishore Ganguly
Advocate, Kolkata
27703 Answers
726 Consultations

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