The girl or her family will mot face any legal issues. The expenses were borne by the girl's family and hence there should b3 no issues apart from her new relationship with the boy which will get affected.
Dear Sir, My friend had an engagement and after 1 month she break out the engagement. The groom was working in UAE. The bride also got a job in the same country and she realised that her decision was wrong when she knew him more in person. His attitude and his behaviour towards her made her make this decision. After this breakup of engagement, the boys parents filed a civil case against the girl. Although the expense of engagement was borned by the girls parents. What consequences can my friend face and what would be a legal advise for her to close this case and come out of this mess. Please advise
The girl or her family will mot face any legal issues. The expenses were borne by the girl's family and hence there should b3 no issues apart from her new relationship with the boy which will get affected.
Sir, they have already filed a case against her. Problem is today there was a hearing and girls advocate said that she might have to appear in the court. Is this necessary? She is working here in UAE and she just came last month from vacation. Moreover the company situation is not good and it may be difficult for her to take risk of job and simply go india especially during such present pendamic situations. What i understand from her is that the boys family's intention is only to give her trouble and make her feel embarrassed in court in front of public and insult her and try to stain her character. What can be done in this situation please advise.
If they are going to such lengths after bwing rejected, well tgen i think you should do something too.
Lodge an fir that the marriage was cancelled because the boy's side demanded a huge amount of cash and other goods ie dowry.
This fir can be lodged by the girl's family despite her being in UAE.
Thank you for your prompt responses. As i asked is it really necessary for her to be present there in court ? What will happen if she doesn't show up. Since there are genuine reasons as i mentioned above and in addition nobody would like to go through such embarrassing situation. How can she avoid to make a presence?
Normally this doesn't happen but if she has been summoned i guess she has to be present.
What kind of a case has been filed. Share details and the latest order so i may give a more specific advice.
You have not mentioned what are the reliefs claimed by boy in civil suit ?
it appears they must have claimed damages on account of engagement break up
your personal presence is not necessary
lawyer presence is sufficient
Civil suits take 15 years to be disposed of
personal presence of girl is not necessary
she can execute POA in favour of family member to file detailed reply , engage advocate etc
This is not a criminal case . If she does not appear no bailable warrant can be issued
execute POA in favour of family member
Hi, Even though the boy family had filed the Civil Suit, Nothing will happen. Your friend can contest the case. Further, in the Civil Case date to day presence of the parties is not required. She can execute Power of attorney to her friend or parents and she can represent through power of attorney also.
Dear Client,
The case filed against a girl has no basis as none of the Indian laws has been breached. Further, your friend need not come to court unless told by a judge. She can ask your advocate to ask for a virtual hearing from the court. Even they don't grant a virtual hearing date. She can ask whether she can be present virtually as she lives and works in U.A.E.
Thankyou
In civil case, they can only claim gifts, if any, given in the engagement. In case your friend has received the summon and a copy of the plaint with documents, the same should be replied within 30 days from the receipt of summon through local advocate. The presence of your friend is not required.
1. What charge/allegations have been levelled by them against your friend and her family members?
2. Such case filed for breaking marriage engagement will have no merit at all for which your friend should not worry at all.
3. She or her family members shall have to contest the case fittingly.
1. If it is not a criminal case, then she wont have to appear before the Court at all unless she is called to submit evidence.
2. You shall have to inform what type of case he has filed to advise you properly.
3. During this pandemic situation when most of the overseas flights have been cancelled, no Court in India is compelling the Respondents to appear personally and physically even in hard core Criminal Cases.
1. If it is not a Criminal Case, then she won't have to appear before the Court.
2. If it is a Criminal Court, ask your Advocate to file an application praying for waiving your physical appearance due to the pandemic situation and also for granting leave to you for appearing before the Court through virtual hearing method, if the Court has the adequate infrastructure require for holding the Virtual Hearing.
It is to be seen that what is the nature of suit that has been filed against her by the groom side.
If it is for compensation then it should be challenged on merits as well as on the support of documentary evidences in her side
If this is not a criminal case then her presence may not be required, her advocate can take care of the case.
If the advocate is insisting on her presence, she may give a power of attorney deed in favor of her father or any other close relative to represent her before court during her absence.
If the lawyer is still insisting her presence, it would be advisable to change the lawyer.
It is not compulsory for her to appear in person before court, she can give a power of attorney deed to any close relative back in India to represent her in her absence.
In fact her advocate should be able to take care of the situation during her absence.
- 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 his wrong attitude and behaviour and which may result in divorce after the marriage , hence your friend is not responsible for the same , and the opposite party will have to prove the existence of promise of marry.
- Further , if the boy parent has filed a civil suit i.e. recovery of the amount of expenses then also they will have to proof the expenditure done by him and also the reason of breaking the marriage by you
- Your friend can engage a lawyer in India for filing the reply if summon of the court already served upon her , other wise in civil case the court may grant ex-parte decree after accepting his case one sided.
- Your friend if working in abroad then her appearance is not needed in civil suit.