• I am being forced into a marriage because I said Yes earlier

We were discussing a marriage proposal with a family. At the start we wanted to continue, but later we realised we did not want to go ahead. Then the other party continued calling us and keep piling pressure on us and then we said yes and we wanted to call them for further discussion. But yesterday they came all prepared for the Roka ceremony which we were not aware of. And they insisted that Roka ceremony should happen. This was something we were not ready for. They forcefully gave few token items as a part of Roka ceremony and also took couple of pictures. Now since, this was done without our approval, we dont want to continue. So what are the options we have. And also what are the legal actions other party can take. How can we save ourselves from any legal actions, if there be any.
Asked 2 years ago in Family Law
Religion: Hindu

First answer received in 30 minutes.

Lawyers are available now to answer your questions.

17 Answers

1) send an email /letter that you do not want to marry 

 

2) that Roka ceremony was performed without your consent 

 

3) file an NC with local police station to that effect 

 

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

Ajay Sethi
Advocate, Mumbai
94817 Answers
7557 Consultations

5.0 on 5.0

If any FIR has been filed against you police has to issue you notice to record your statement 

 

2) you can obtain copy of FIR and apply for anticipatory bail from sessions court 

Ajay Sethi
Advocate, Mumbai
94817 Answers
7557 Consultations

5.0 on 5.0

Dear client, 

as the marriage did not happen, you can cancel it orally and it is legally valid. There will be no consequences if you return back any goods they have given. 

Thank you. 

Anik Miu
Advocate, Bangalore
8948 Answers
110 Consultations

4.7 on 5.0

Unless marriage ceremony is performed, any party has right to refuse the alliance. You can firmly convey them you No. From the conduct is seems going ahead is risky proposition. There is not need to go for ab. It will give them handle to start legal proceeding against you, further an impression will be created that you are at fault in the transaction. If anything legal happens, you will not be arrested before a notice, once notice  is issued you can obtain regular bail.

Ravi Shinde
Advocate, Hyderabad
4049 Answers
42 Consultations

5.0 on 5.0

Tou should wait for a  complaint or fir to be lodged. But this is weird. How can they go on to do this when you are not interested. Anyways tell them through mediators that you don't want to marry.

 

Rahul Mishra
Advocate, Lucknow
14088 Answers
65 Consultations

5.0 on 5.0

If the police calls you and asks you  to come to the police station then you should file anticipatory bail.

Rahul Mishra
Advocate, Lucknow
14088 Answers
65 Consultations

5.0 on 5.0

If you did not want the Roka ceremony to happen, you should have out rightly rejected their arrangements and should have asked them to leave the place.

It clearly indicates that you have participated in the ceremony that took place which would be considered that it was done with your consent and willingness.

You should have not accepted the token items that were given during Roka and should have arranged to take video of the items being returned to them.

It is not known that whether you have taken the photograph or video graph of the events. 

Even now, you can issue a communication to them in writing and send it by registered post to their address stating that you never approved  of the Roka ceremony which was forcefully thrust by them  you against your willingness and your objections to it.

You may also state in the letter that since their behavior to force you to accept the proposed marriage through this intentionally forced Roka ceremony  appears to  be a stage managed event to force you to accept the marriage to which you are no more willing to go ahead, hence you confirm that the marriage proposal has been cancelled and can ask them to either take back their items on their convenient or to inform about the same so that you can send them through parcel or courier service. 

This communication may protect you in case they are going for false criminal cases against you due to the stopped marriage. 

In case of necessity you can take the assistance of a local lawyer to draft the communication to be sent to them as suggested.

You can even talk to them, pacify them and inform them humbly that you are no more interested in getting this marriage solemnised for the reason that you rely upon. 

T Kalaiselvan
Advocate, Vellore
85022 Answers
2208 Consultations

5.0 on 5.0

They will not go to police so soon on this.

Before they plan to approach police,you may send the letter intimating your decision to cancel the proposed marriage and endorse a copy to the local police at their place as well as to at your place.

If at all the police registers FIR on the basis of their complaint you may plan to obtain anticipatory bail  and not now.

Better talk to those people on a peaceful note and settle the matter on a compromise note instead of rushing up with legal action on misguidance. 

T Kalaiselvan
Advocate, Vellore
85022 Answers
2208 Consultations

5.0 on 5.0

If you get a call from Police station to attend. Or if you know that FIR is filed. Or you receive 41 A crpc notice

Prashant Nayak
Advocate, Mumbai
31968 Answers
181 Consultations

4.1 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 wanted the break the engagement due to their mistakes , then you can inform them for the same and return the gift etc. received at the time of Roka Ceremony. 

- Further, if you are receiving threatening call , then lodge a compliant as information to the police. 

Mohammed Shahzad
Advocate, Delhi
13273 Answers
198 Consultations

5.0 on 5.0

I have gone through your query.  My opinion to your query is that engagement/roka is not recognized in law in India.  They cannot force you to marry her.  However, they can only claim damages to the extent of gifts made by them.  The criminal complaint, if any, can be made just to harass you and put pressure on you.   You have to do nothing but to wait and watch.   First send them clear message that you are not ready to marry her.   Secondly, wait and watch how they react.  Defend as per their reaction with the help of  any criminal lawyer.  You have not broken any law hence you need not to worry and put your defence forcefully that  you are not ready to marry her forcibly secondly, we are ready to return the gifts, if any given by them on roka.   That`s all.  On the basis of engagement, they cannot force you to marry her. However, if once marriage is solemnized and then you change your decision, it would invite multiple litigation.   You are at a safe side today.  Be bold and say big NO whatever may come.

Dalip Singh
Advocate, New Delhi
1085 Answers
36 Consultations

5.0 on 5.0

Girl can file case of cheating against you for breach of promise to marry under section 420 of IPC 

 

also file case of dowry harassment against you under section 498 A of IPC 

Ajay Sethi
Advocate, Mumbai
94817 Answers
7557 Consultations

5.0 on 5.0

They can only threaten or harass you to put pressure. They themselves don't know what action they would take because you have not done anything illegal.  Let them initiate and then defend.  Till then relax.  They can do nothing.  They can lodge complaint, police would investigate and act accordingly.  In any case, you should not agree for marriage.  

Dalip Singh
Advocate, New Delhi
1085 Answers
36 Consultations

5.0 on 5.0

- Yes, you should inform the other party after sending a written notice after mentioning that due to unwanted behavior and other reasons you are going to cancelled the engagement and there is not promise of marry. 

- The detailed reply is given earlier.

Mohammed Shahzad
Advocate, Delhi
13273 Answers
198 Consultations

5.0 on 5.0

They may threaten to implicate you in a false dowry harassment case besides cheating offences. 

However you can communicate the decision to stop the marriage proposal in writing and  send the same by registered post with an acknowledgment card and retain a copy of the correspondence in your possession.

Since you are scared of their retaliatory actions to this communication, you can endorse a copy  each to the police stations within their residential jurisdictions as well as that of yours. 

This would come to your rescue in case they really are going to police with a false criminal complaint agaisnt you people for the cancellation of this marriage proposal. 

In fact the police may not entertain any such complaint in view of this communication already received by them, even if they intend to take, they may first send you summons, after which you can apply for anticipatory bail if you apprehend the police to be serious on the complaint before them. 

T Kalaiselvan
Advocate, Vellore
85022 Answers
2208 Consultations

5.0 on 5.0

They can put false dowry prohibition cases against you or cheating case 

Prashant Nayak
Advocate, Mumbai
31968 Answers
181 Consultations

4.1 on 5.0

Dear client,

The other party cannot bring about any valid claims against you for backing out of the marriage. They also cannot sue you for anything as long as you return all their items back to them.

Thank you.

Anik Miu
Advocate, Bangalore
8948 Answers
110 Consultations

4.7 on 5.0

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer