• Cancelling an engagement

Hi,
I'm a European man who met with a woman when I lived in Delhi by end of 2019.

We engaged in Dec 2020 and intended to get married when her divorce was finalized (it's been on going for more then 10 years in the courts in India). In Feb 2021 we moved to Turkey. By this year we intensified the marriage planning (nothing booked) but I felt it was wrong and cancelled the engagement by July 2023. She is naturally upset and want compensation for accomodation for 2 years and compensation for emotional damages). 

She is selfemployed has kept her company in business but not as active as before while living in Turkey. She owns an office building in Delhi that she is subletting part of. In addition she has a farmhouse outside Delhi that is currently not livable because of snakes and scorpions. During our stay in Turkey she has travelled frequently to Delhi about 3 to 4 times a year.

I don't mind paying part of her accomodation. I have already paid her 65 lakhs but she wants more. She is asking for 90 lakhs to have a full settlement and I'd like to understand what is realistic and and if I legally has to pay anything. 

We are both in our fifties and none of us is religious. I have some savings and she has as well.

Please do not call as we are still living together and I work partly from home. Instead text me on WhatsApp (+[deleted]) or email me on [deleted].

Thank you, Fredric
Asked 2 years ago in Family Law
Religion: Christian

2 answers received in 30 minutes.

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11 Answers

Cancelling an engagement can be a difficult and emotional decision, and it may have legal consequences depending on the laws of the country where you live or where the engagement took place.

I searched the web for some information on legal advice on cancelling an engagement in Turkey, and here are some of the results I found:

  • As per legal information on family law in Turkey, there are two types of engagements: official and unofficial. An official engagement is registered at the civil registry office and requires the consent of both parties and their families. An unofficial engagement is based on a verbal or written agreement between the parties and does not have any legal status. If you cancel an official engagement, you may have to pay compensation for the expenses incurred by the other party for the wedding preparations, such as invitations, clothes, jewelry, etc. If you cancel an unofficial engagement, you may have to return the gifts that you received from the other party or their family, such as rings, money, etc. However, you are not obliged to pay any compensation for emotional damages or loss of reputation, unless there is a specific clause in your agreement that stipulates otherwise.
  • If you cancel an engagement in India, you may face a civil suit for breach of promise to marry, which is a contractual obligation that can be enforced by the court. The other party may claim damages for the loss of marriage prospects, mental anguish, social stigma, etc. However, the court will consider various factors, such as the duration of the engagement, the reason for breaking it off, the conduct of both parties, etc., before awarding any compensation. Moreover, if you cancel an engagement after having sexual relations with the other party, you may also face a criminal charge of cheating or rape, depending on the circumstances and the consent of the parties involved.

Based on these results, it seems that cancelling an engagement may have different legal implications depending on where it took place and what kind of agreement you had with your partner.

 

Muraleedharan R
Advocate, Trivandrum
386 Answers
2 Consultations

1)no need to pay her any additional amounts 

 

2) wife is highly qualified and working . that you have paid her 65 lakhs 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

1. She has no right to legally claim any compensation from you for her accommodation and emotional damages as she is someone's wife not yet legally divorced from her first husband.

2.  Based on above, the engagement between both of you in December 2020 can't be legally enforceable as her previous marriage is still subsisting.

Shashidhar S. Sastry
Advocate, Bangalore
5623 Answers
339 Consultations

Since she is still married then the life you both lived together cannot be considered as  married life neither she can allege that  it was on a false promise.

Since you both wanted to marry each other so for some purpose you got engaged to each other and waited for the divorce to happen fr almost three years, which  is not forthcoming, you decided to call of the engagement, hence there is nothing that you can do about it neither it can be considered as an offence of cheating or breach of trust.

The relationship between you both all these three years or more was on a consensual note without any promise and there was no terms and conditions between you both for the living together. 

Hence  she cannot demand compensation towards this because you have made your intention t break up.

Besides you have already spent huge money on her on various occasions whether voluntarily or on her demand.

Therefore any demands made by her in the garb of compensation would be nothing but an act of extortion or blackmail.

You can refuse to pay even a single penny, she cannot do anything legally about it.

If she continuous her harassment you may lodge a criminal complaint against her to the concerned police.

You can make the complaint by online mode also.

Nobody will call you from this forum for all your further queries, if at all you need any more clarification, you can call the chosen advocate.

 

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

Legally, there is no law in India that mandates you to pay her for calling of the engagement.

 

Any compensation which you are paying out to ger as damages, is only out of generosity and in in lieu of the emotional damage, as you say in your query.

 

This purely needs to be negotiated in between you two, and has no legal angle attached to it. 

Vibhanshu Srivastava
Advocate, Lucknow
9763 Answers
323 Consultations

Dear Querist

If she is not divorced yet than she is not entitled to get anything from you.

In case, the divorce has been granted and after that she was living with you then only she may file any case against you for the Domestic violence under Protection of women from Domestic Violence act 2005 and claim compensation for the violence subjected to proved before the Hon'ble Trial Court. as she has ample properties and earning, she is not entitled to get any maintenance from you.

In reality, she is blackmailing you and you may file a criminal case against her, if you want to take legal action.

Feel Free to Call

Nadeem Qureshi
Advocate, New Delhi
6348 Answers
302 Consultations

Mr. Fredric,

As such there is no legal relationship between you and lady. Lady is already married and divorce case is still pending so till her marriage is not dissolved by decree of divorce by court she cannot remarry. As such she is not entitled to any compensation nor any accommodations charges. So question of ant alleged settlement does not arise. Any linency would encourage her to demand more. So you just move on and shift to some other place and also refuse and deny her illegal and illogical demand. 

Siddharth Srivastava
Advocate, Delhi
1551 Answers

In India, she can file FIR agasint you. But Since you are non Indian, no harm from Indian law.

Yogendra Singh Rajawat
Advocate, Jaipur
23079 Answers
31 Consultations

You can cancel the same but if reason is you then you need to make good the loss

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

- As per law, she cannot re-marry in the existence of first marriage , and hence if she was not granted divorce from the court at the time of marriage with you, then that marriage is not valid 

- Further, this marriage can be declared as null and void by the court on this ground , and even a complaint can be filed against her for the offence of re-marry without getting divorce from first husband. 

- However, if the divorce was already granted by the court at the time of marriage with you, then she will considered as legal wife , and then she having right to claim alimony from you as well residential right 

- Further, if her income is sufficient for her maintenance , then she will not get any maintenance /alimony from her husband. 

- However, she can claim one time settlement amount in the form of alimony at the time of divorce , but even for calculating the alimony her income from all sources will also considered. 

Mohammed Shahzad
Advocate, Delhi
15814 Answers
242 Consultations

Dear Client
Engagement Breakup: In India, engagements are not legally binding contracts. You are generally not obligated to pay compensation for emotional damages or accommodation expenses in case of a canceled engagement. However, Indian courts have sometimes awarded compensation in cases involving promises or agreements made during the engagement period, but this can vary based on the specific circumstances.

Accommodation Expenses: Whether you are obligated to pay for her accommodation expenses in Turkey would depend on any prior agreements or arrangements you had. If you both agreed to share expenses during your stay in Turkey, you might be responsible for your share. However, if there was no such agreement, it may be challenging for her to legally claim compensation for accommodation.

Emotional Damages: Proving emotional damages in Indian courts can be difficult. While emotional distress can be a factor in some cases, it's typically not easy to quantify or prove unless there was a specific action or event that caused severe emotional distress and can be legally proven.

Financial Contributions: If you voluntarily contributed money to her during your relationship, it could be considered a gift unless there was a clear agreement or understanding that it would be repaid. Gifts, generally, cannot be legally reclaimed.

Property Ownership: It's essential to understand the legal status of her property in India, such as the office building and the farmhouse. These assets may come into play if there are any financial disputes.

Settlement Negotiations: It's often better to reach an amicable settlement outside of court to avoid prolonged legal battles. If you're willing to provide some financial support, you can negotiate with her to reach a mutually agreeable settlement amount that both parties find fair.

Legal Advice: To get a clear understanding of your legal obligations and rights in this situation, it's strongly recommended that you consult with a qualified attorney in India. They can provide you with legal guidance tailored to your specific circumstances.

 

Anik Miu
Advocate, Bangalore
11014 Answers
125 Consultations

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