• Call off of marriage two weeks before

I wanted to call off my marriage before  2 weeks. My engaged was fixed in June only 10 days before we met along with our families. We had a talk they asked my opinion and due to the pressure i said Yes and engagement was fixed in 10 days. During that moment I was working in Bangalore. Just for relationship I transferred to Hyderbad, When i met him first he was very weird not like a common man he was behaving. I was upset and I said him that his confidence level is too low. And I want him to improve those sectors. He said he will change. Later 2 months we were busy with our work lives. Our families met again for wedding shopping were it was clear he didnt changed at all. He was completely Mama's boy whereas he can't make any decision by his own. Very disappointing. Now I want to call off my marriage. We bought our rings by ourselves. they gave me a necklace during engagement and  our marriage dresses were bought by opposite families. What are the consequences I am going to face if I am going to call off the marriage at this moment. Please suggest. Marriage is on Nov 22, 2015
Asked 1 year ago in Family Law from Hyderabad, Telangana
Religion: Hindu
Do not bother about the consequences, it is never late to say no than repent later by saying yes now. Call of the marriage citing indifferences and mind sets, the boy will not mind too much, as a girl you might face some resistance from your own family members, take them into your confidence by saying that you feel this marriage will not work and therefore you have decided to call it off rather than suffer later on.
Kiran N. Murthy
Advocate, Bangalore
766 Answers
51 Consultations
5.0 on 5.0
1) inform your fiancée that marriage is called off 

2) return the gifts received at time of engagement 

3) offer to pay expenses incurred at time of engagement 

4) at most the boy side may file suit for damages but if you return the gifts received and offer to bear expenses incurred they won't file any suit for damages
Ajay Sethi
Advocate, Mumbai
23375 Answers
1225 Consultations
5.0 on 5.0
1. Calling off marriage in itself is no offense. So you need not worry at least on this account.
2. However with the cancellation of marriage you have to return all the article which you may have received from the other side.
3. Since calling off marriage is your unilateral decision you may have to compensate the other party if they do insist on the expenses towards preparation of marriage.
Devajyoti Barman
Advocate, Kolkata
5248 Answers
54 Consultations
4.9 on 5.0
1) thanks for your appreciation 

2) if you were are willing to return all gifts received you should not face any problem 

3) further all engagement expenses have been incurred by you 

4) while returning the gifts prepare list of gifts and obtain their signatures of having received the gifts 
Ajay Sethi
Advocate, Mumbai
23375 Answers
1225 Consultations
5.0 on 5.0
Hello,
1) It is always advisable to call off the marriage than get married to some one that you think is not compatible to you.It would be harder to divorce than call off the marriage.

2) There are no legal consequences provided you return all the gifts and articles presented to you in preparation for the marriage and be willing to reimburse any expenses that are borne by the opposite party.

3) More than legal troubles there is certain amount of social embarrassment when the engagement is being broken. Therefore take your parents and elders into confidence and let them deal with the situation amicably through peaceful dialogue.  
S J Mathew
Advocate, Mumbai
1954 Answers
65 Consultations
5.0 on 5.0
If you have no faith in him to live a happy married lie with him, you have full rights to call it off before the marriage is solemnised.  In fact you do not have to even give a reason for calling off the marriage.  But in the interest of your own future to avoid speculations thereon, it would be better that the reason for calling off the marriage may be conveyed to him in person over pone, let him convey the same to his parents, but make a firm decision on it to avoid embarrassment in the last moment or an awkward situation.
You can decide about exchanging each other's gifts while communicating your decision to snap the proposed ties. It would always be better to complete the process cordially which will enable a smooth and peaceful process on both the sides.
T Kalaiselvan
Advocate, Vellore
14158 Answers
127 Consultations
5.0 on 5.0
call off marriage before its solemnization is a breach of contract, otherparty is entitled to get special damages only. no criminal proceeding can be initiated  by other party
Shivendra Pratap Singh
Advocate, Lucknow
2786 Answers
41 Consultations
4.9 on 5.0
In Pursottam vs Pursottam  AIR 2003 : if marriage is cancelled before its solemnization other party has right to get damages.
Shivendra Pratap Singh
Advocate, Lucknow
2786 Answers
41 Consultations
4.9 on 5.0
1. You are free to call off your marriage. Engagement is just the first step in the journey to get married, but it does not bind you to travel to the next junction. You are at liberty to revoke your consent to get married to him.

2. The gifts, if any, exchanged between the boy and girl or their families should be returned against acknowledgment,
Ashish Davessar
Advocate, Jaipur
18244 Answers
449 Consultations
5.0 on 5.0
issue a notice regarding the called off this marriage to him through your counsel and informed them regarding the same and break this engagement, if you want to exchanged the gifted with each other which were paid by each of you.

there is nothing against you
Nadeem Qureshi
Advocate, New Delhi
3537 Answers
130 Consultations
4.9 on 5.0
Do it quick. And offer to return all the gift given by them and give reasons.

You and your family may face some himiliation. But it is better compared to sufferings youball going to endure.

Calling off marriage is simple, right, easy and less enduring  than getting divorce after marriage. 
Sandeep Hegde
Advocate, Bangalore
361 Answers
97 Consultations
4.8 on 5.0
Hello!

Marital tie is not yet finally tied.  Marriage is not yet performed.  So no legal relationship, as husband and wife, between you and the boy, is created.  And therefore no rights and obligations in law as married partners arise against each other. This, to me seems to be the best factor on your side.

If from the heart of your heart, you have come to this decision to call off the marriage, then it is advisable to follow it.

As regards legal consequences:

You have stated that 1) Engagement expenses were borne by your family, and 2) You are ready to return every gift they offered.

So monetarily there does not seem to be much damage / loss to them.  And on this count there does not seem to be chance of litigation by them against you.

But if they take this (your calling off the marriage) as insult, humiliation, mental harassment etc. then they may get hurt and in that case they may file a suit for compensation on account of these factors. (A hurt person may go to any extent of filing reasonable / unreasonable, civil / criminal, maintainable / non-maintainable case, which may unnecessarily result in harassment to you)  

But this depends how they take it.  Their understanding, maturity plays a role here.  If they and their family members are matured enough to understand that it's the girl's decision, and that however against it may be to them and hurting it may be to them, they must respect that decision, then there is no chance of any litigation.

The best way to handle this situation is to tackle it with the help of understanding elders in your family (hopefully they are supporting you in your decision) and the mediator, if any.  Let the situation be tackled in such a fashion that it doesn't hurt them, or humiliate them. These measures can be taken to avoid any future litigation.

Hope this helps.

All the best to you for your future.

Adv. Nahush Khubalkar
Nahush Khubalkar
Advocate, Nagpur
44 Answers
4 Consultations
5.0 on 5.0
Hi, as per law engagement ceremony is just an formality and it is not binding the parties legally so you can call of your marriage at any time.

2. Of course some financial loss will be incurred to the both the families.But there is no legal binding on both the side.

3. If you have any gifted ornaments given by the both the parties at the time of engagement then it has to be exchanged.
Pradeep Bharathipura
Advocate, Bangalore
4105 Answers
133 Consultations
4.3 on 5.0
1. Inform them immediately about your desire to cancel he marriage before they proceed any further to save them from embarrassment,

2. If it is accepted by them then O.K. If not then cancel he engagement in writing,

3. You shall have to return whatever you had received from hem on account of the impending marriage,

4. they will not be able to do much against you for your said cancellation of marriage.

Krishna Kishore Ganguly
Advocate, Kolkata
12143 Answers
233 Consultations
5.0 on 5.0
1. Hope there is nothing mentioned in writing in the engagement,

2. If yes, then cancel it in writing showing some reason for such cancellation.
Krishna Kishore Ganguly
Advocate, Kolkata
12143 Answers
233 Consultations
5.0 on 5.0
Return the gifts while sending the cancellation letter.
Krishna Kishore Ganguly
Advocate, Kolkata
12143 Answers
233 Consultations
5.0 on 5.0

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