• Groom & his Family is Not Interested for marriage after Engagement

Engagement is performed for my daughter in a gathering and wedding is scheduled on an auspicious day in 3 months. But Groom & his family wants to call off the marriage now due to their own reasons and also saying the Jatakams are not matching.
What are the implications and what are the protection procedures for the Girl & her reputation. 
Engagement ceremony is aired through YouTube also.
Valuable Gifts & Jewelry are exchanged between the both.
Asked 1 year ago in Family Law
Religion: Hindu

First answer received in 10 minutes.

Lawyers are available now to answer your questions.

7 Answers

1) ask the groom family to compensate you for expenses incurred for proposed wedding and return gifts 

 

2) The Karnataka High Court has said that a breach of promise of marriage by an individual can't be considered as a crime of cheating under the Indian Penal Code (IPC).

Ajay Sethi
Advocate, Mumbai
94695 Answers
7528 Consultations

5.0 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.
-  If the groom side has broken the engagement , then you can claim compensation and all the gift items from them , and also a compliant can be filed against them for the offence of breach of trust and defaming the image of the girl. 

Mohammed Shahzad
Advocate, Delhi
13211 Answers
198 Consultations

5.0 on 5.0

The marriage customs are recognized by the Indian laws and not 'Engagement'. There would be no legal consequences or penalties in the event that you breaking off an engagement with the individual whom you are engaged to since marriage was not solemnized by the laws.

 A promise to marry can be rescinded in view of subsequent circumstances.

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.

If you have made arrangements for booking a club or hall or bought required goods for the purpose of engagement or marriage or both, you  may sue the other party  to recover compensation for such loss or damage.

if any valuable gifts, engagement ring, or money have been given to each other, the same must be returned to each other in order to avoid to avoid a suit by the other party entitled to claim in the Court of law.

T Kalaiselvan
Advocate, Vellore
84896 Answers
2191 Consultations

5.0 on 5.0

A criminal complaint for cheating under Section 420 can be made out against them as by promising to marry, they have deprived you of valuable property in the  form of gifts and made you spend money on ceremonies. Your can also file criminal complaint  and civil suit for defamation and collect compensation.

Ravi Shinde
Advocate, Hyderabad
4041 Answers
42 Consultations

5.0 on 5.0

You can claim the loss incurred to you from them. You can only file complain for dowry if in reality a dowry is asked

Prashant Nayak
Advocate, Mumbai
31930 Answers
179 Consultations

4.1 on 5.0

The engagement ceremony is merely a social function. In the good old days, when minors were married their respective parents conducted such ceremonies where both parents signed a 'lagna patrika' agreeing to conduct the wedding of their children at a fixed date. It has no relevance now, bereft of any legal force. Nowadays, boys and girls call off weddings, even after engagements, at their sweet will and pleasure, which has become socially acceptable. It is, therefore, advisable to accept the changing world as it is and move on. Good luck to your daughter for getting a better match soon!

Swaminathan Neelakantan
Advocate, Coimbatore
2794 Answers
20 Consultations

4.9 on 5.0

Dear Client,

I just know for sure that marriage should not be forced on people. And if it is being forced, then someone should have the guts to take a stand.

This involves the personality of the groom and the personalities of his mother and father.

It is a matter between two families and at this stage law has nothing to do or interfere. Try to settle the matter amicably.

Claim the expenses incurred for engagement ceremony and ask them to return the gifts given at time of engagement.

If they have adopted such an attitude even before marriage, just think, what they should not be expected to do when marriage is held. Think about what can happen to the life of the girl after marriage, when you won't be able to break away the relation.

Though it has been decided to call off the marriage subsequent to the developments, if at all you still feel that they have to be taught lesson, you may either issue them a legal notice demanding apology as well as compensation for the monetary loss due to the engagement expenses or think of approaching police with criminal complaint. You are the better judge of the situation, think and act wisely on all the issues that may involve due to your such acts.

 

Thank You.

Anik Miu
Advocate, Bangalore
8855 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