You cannot be forced to marry against your wishes
2) you are at liberty to call off the marriage
3) offer to pay engagement expenses
4) in case any false dowry harassment is filed apply for and obtain anticipatory bail from sessions court
Hello sir i am boy from delhi My name is rohit kumar but ancestral village in bihar. I had engaged to a girl in february but i want to cancel marriage . I am govt job pursuing candidate . I came from well to do family. when engagement happens it is decided that marriage happens in november but now it is decided in 1 june i am not ready for it .Girls family had decided on their own they are pressuring me for marriage . I said the girl that i dont like hem still she is not leaving me . I am afraid that by cancelling marriage that any legal action against me and my family is not taken by girls family
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You cannot be forced to marry against your wishes
2) you are at liberty to call off the marriage
3) offer to pay engagement expenses
4) in case any false dowry harassment is filed apply for and obtain anticipatory bail from sessions court
ok if dowry case is not filed any other case can be filed by them ?
as per the Section 415 of the IPC, the mere promise to marry and then not fulfilling that promise cannot be said to be cheating, thus there is no case for invoking the said Section.
Dear client,
As per the information provided, it appears that you want to cancel the marriage which was earlier scheduled for November but has now been rescheduled to 1st June, and you are concerned that the girl's family may take legal action against you and your family.
Under the Hindu Marriage Act, a marriage can be called off either by mutual consent or through a court order. If both parties agree to cancel the marriage, then it can be done easily without any legal action. However, if one party wants to cancel the marriage and the other party is not in agreement, then the matter may need to be resolved through legal means.
Regarding the possibility of legal action against you and your family, it is important to note that if no dowry has been given or taken, then there can be no dowry case filed against you or your family. However, the girl or her family may decide to file a case of breach of promise to marry or mental harassment against you.
It is important to handle the situation.
If you do not want to marry the girl to whom you are engaged, you can call off the marriage.
You can send a letter to her father through your father intimating your decision to cancel the marriage for the reasons that has been relied upon and can even express willingness to bear the expenses of the engagement proportionately.
If they resort to legal action of lodging any criminal complaint of cheating or dowry demand, you can first obtain anticipatory bail and challenge the false case as per law.
You cannot be forced to marry her against your willingness.
They may try to file a cheating or breach of trust criminal case, but they are not maintainable in this situation because you have not demanded any dowry amount but you have clearly expressed the reasons for calling off the marriage in your letter.
So what do you want to do? Get forced into a marriage because of your 'imagined' fear of legal action?
Once marriage is performed it wont be cancelled. It can be filed for Nullity of Marriage within one year of marriage. and after one of marriage for Divorce.
- 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 Section 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 the breach of promise/dates by the bride family , hence you are not responsible for the same , and the bride family will have to prove the existence of promise of marry.
- Further, your intention was very much to marry with that girl and not to cheat the bride family , by this way you have not committed any offence legally.
- Better to just return the gift , ring etc received at the time of engagement immediately with a notice that you are breading the engagement due to her mistakes.