• Cancel marriage engagement

I got engaged to a girl one year back, no marriage has yet been planned date given to the girl`s family. But after the engagement I realized that I am not absolutely compatible. I can not even imagine my life with her. My expectations from my life partner are way too different than what she actually is, so I am not at all attached to her yet. She and her families behaviors is very  uncultured She is having certification of E.Ed but behave as uneducated. I would not be any point in marrying if I am not happy as it would ruin both of lives. I am about to cancel the marriage with her. The father of the girl has given cash amount to my father`s account . My father has tried and asked to the girl`s father regarding returning of cash amount. but they are not giving the account No and forcing for marry any how since last 2 years. Kindly advise legal implication
Asked 1 year ago in Family Law from Jamshedpur, Jharkhand
Religion: Hindu
If you are not interested in proceeding with the marriage why did you wait for 1 year to take this decision, you should have conveyed your disagreement to the girls parents a long while back itself.
If the girls father has paid cash for what ever reason, and is now refusing to provide his bank account number for you to do a refund of the cash amount, my advise to you would be to procure a demand draft equivalent to the cash component received by you and your father and send it by registered post acknowledgement due to the girls father.
Without any undue hesitation inform the girl and her parents that you are not interested in the marriage, spare the girls and your life of untoward misery and suffering after a forced marriage.
Kiran N. Murthy
Advocate, Bangalore
765 Answers
50 Consultations
5.0 on 5.0
1. The marriage engagement can be cancelled by one of the parties on host of reasons including incompatibility.
2. Mere cancellation of marriage does not attract any penal actions under the law of the land.
3.However the girl's side may misuse the law by lodging false complaint of dowry harassment behind the cancellation of marriage.
4. Hence better inform the Police about your impending decision to cancel the marriage and send a cheque at their address to avoid any untoward situation.
5. Do engage in talk to thwart any conflict and settle it amicably.
Devajyoti Barman
Advocate, Kolkata
5137 Answers
54 Consultations
4.9 on 5.0
you must return the money at the earliest by borrowing it from your friends or relatives, if the girls father files a complaint alleging demand for dowry on this ground, then you and your parents will be in a lot of trouble. So beg, borrow or steal but refund the money at the earliest.
Kiran N. Murthy
Advocate, Bangalore
765 Answers
50 Consultations
5.0 on 5.0
1) in the event you call off engagement all the gifts and articles received have to be returned to your fiancée family 

2) also offer to bear the expenses incurred for the engagement ceremony 

3) you can also return cash amount received From your fiancée 

4) in the event you call off engagement her parents may file suit for damages against you 

5) also file police complaint that marriage was called off on account of failure of your fiancée family to meet your dowry demands 

6) you have to deny all allegations made in complaint and apply for bail
Ajay Sethi
Advocate, Mumbai
23097 Answers
1212 Consultations
5.0 on 5.0
1) if your fiancée family is criminal minded they may threaten you on your calling off engagement 

2) you should record the threats and file police complaint under section506 of IPC for criminal intimidation 
Ajay Sethi
Advocate, Mumbai
23097 Answers
1212 Consultations
5.0 on 5.0
First of all accepting dowry is an offence and that too you people accepted the dowry well ahead of the marriage is a greater crime. 
The option before you is return the the accepted money either through a bank transfer or by a cheque or by DD favoring her father or by case in front of witnesses comprising respectable persons of both sides and call of the engagement by cancelling the proposal for marriage.  
Cancelling the engagement in front of the respectable persons of the village or of both the sides will shield you and your family from the possible legal onslaughts that may be in their minds as a  revenge action.
T Kalaiselvan
Advocate, Vellore
13910 Answers
127 Consultations
5.0 on 5.0
1. The engagement can be broken at anytime. Getting engaged to someone does not bind you to marry him/her.

2. What can land you and your father in trouble is the amount transferred by the latter to the account of girl's father as this can be considered dowry on demand. They can launch your prosecution for demand of dowry, which you can defend in the court.

3. Your father should forthwith issue a legal notice to the father of the girl asking him to take back the amount which he had transferred to his account.
Ashish Davessar
Advocate, Jaipur
18055 Answers
445 Consultations
5.0 on 5.0
Hi sir/madam, no compulsion of marriage eventhough had engagement, it is the wishes of couples. If your father had taken the amount and same it would be deposited in your father bank account, it will be proof of dowry for the girl side. You don't worry. You should express your opinion for not to marry before girl and her parents. They will not compulsion or force the marriage, but they will definitely ask the return of money, if not ask the money or not given the bank account, you should return the money in the name of girl's father Demand Draft along with covering letter by Registered Post and same it could be attached and send through Email to girl or her parents, it is the very helpful to you because of the girl and her parents in case of file the criminal case against yours at that time you have to show it for your side as proof. .... this is one side. another query is that your amount which he had given, that amount was expensed. If yes expensed that amount you should prove that amount was utilised for engagement of yours. But it is very difficut thing. Finally you have to return the money taken some time. It is the best way.
C. V. Jadhav
Advocate, Bangalore
262 Answers
3 Consultations
3.8 on 5.0

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