• Can a boy break the engagement after he agrees 3 years back? Can the girl sue when she not agree?

I am a Manipuri guy (meitei) and had an engagement in 2021 and I agreed due to my grandmother’s wish. After a few days, she passed away. Also, we faced COVID period. So the marriage procedure is postponed due to many issues such as my career. Finance, depression, and so on. During that time, I found one girl. We became friends and we have strong chemistry. she and I have the same hobbies and later I started to love her. We have been in a relationship till now 2024. and I keep postponing my engagement hoping the girl will cancel one day. However, she also still waiting and now 2024, push me to proceed to the next step. Btw, due to the current issues in Manipur state, my family suffered a lot, and I lost all I had. So I am mentally destroyed. and my lover, she is the one I want to stay for the rest of my life when I am fully tired from everything and at the same time, the girl site is pushing me. If I inform them to break the engagement now, can she create a case against me?
Asked 2 months ago in Family Law
Religion: Other

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12 Answers

You cannot be forced to marry against your wishes 

 

2) you can break your engagement .mention reasons why you are breaking off and offer to pay expenses by girl family on engagement 

 

3) if you had physical relationship with her she can file case of rape against you as you had sex under promise of marriage 

Ajay Sethi
Advocate, Mumbai
94854 Answers
7567 Consultations

5.0 on 5.0

If you had a sexual relationship with her , she can file a rape case on the pretext of marriage

Gaurav Ahuja
Advocate, Faridabad
63 Answers

Not rated

No case of rape is made out

 

 

if your girl friend file false case of dowry harassment apply for and obtain Anticipatory bail from sessions court 

Ajay Sethi
Advocate, Mumbai
94854 Answers
7567 Consultations

5.0 on 5.0

Dear Client, No legal action can be taken on you if you cancelled the engagement. In India, there is no legal validation for cancellation of engagement. Therefore there cannot be any case against you for cancelling the engagement. But, if the marriage is cancelled after engagement without mutual consent or with any malafide intention then on can be held liable.

Anik Miu
Advocate, Bangalore
8969 Answers
110 Consultations

4.7 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.  

- Since, you wanted to broke the engagement due to the mentioned circumstance , 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, and accordingly inform them that after gapping a period of 3 years you are not interested to proceed for marriage. 

Mohammed Shahzad
Advocate, Delhi
13307 Answers
198 Consultations

5.0 on 5.0

If you have not had any physical relationship post engagement with her then you don't have to be worried about breaking the engagement..

Its been around three years that you got engaged to her, but she never took any steps to get married to you neither you showed any interest towards it.

Actually as the situation is such that you did  not want to go forward to marry her for the reasons you know, hence there can be no compulsion on you to marry her against your willingness.

For the safety reasons you may issue a notice to her by registered post stating that  it not possible to marry her at this belated stage, hence the formal engagement between you and her has been cancelled. 

T Kalaiselvan
Advocate, Vellore
85055 Answers
2212 Consultations

5.0 on 5.0

Cancellation of the engagement cannot be termed s an offence.

If you are not willing to marry her for the justified reasons you may state then the law cannot force you to marry her and it is not an offence neither it is an act of cheating

T Kalaiselvan
Advocate, Vellore
85055 Answers
2212 Consultations

5.0 on 5.0

No criminal case arises out of breaking of marriage promise or marriage engagement, provided they were not physically involved on false promise of marriage.

However civil suit for damages would lie. 

Looks like you do not have any cogent reason to cancel this marriage.

Instead of repenting in later part of life for want of a suitable match, marry this girl. 

Devajyoti Barman
Advocate, Kolkata
22845 Answers
492 Consultations

5.0 on 5.0

She can file false cases against him. If any money transactions are there then boy or girl needs to return the same. 

Prashant Nayak
Advocate, Mumbai
31997 Answers
183 Consultations

4.1 on 5.0

1. You can cancel the engagement showing some valid reason.

 

2. The girl might try to create some problem out of anger which will have no legal merit in it.

Krishna Kishore Ganguly
Advocate, Kolkata
27223 Answers
726 Consultations

5.0 on 5.0

1. There is no law by which you can be arrested for refusing to marry after 3 years of engagement with whom you had no physical relationship.

 

2. There might be development of bad relationship between the two families which you shall have to bear with.

Krishna Kishore Ganguly
Advocate, Kolkata
27223 Answers
726 Consultations

5.0 on 5.0

Dear Querist,

Immediately issue a legal notice to her and call off that engagement due to the change circumstances and elaborate all your's grand mother's wish.

after this Notice if they create any problem then you may approach the local police or court for the same and protect yourself. 

Second option available to you is that you may solemnised marriage with your lover and informed the same to other party after that marriage.

 

Feel Free to Call

Nadeem Qureshi
Advocate, New Delhi
6307 Answers
302 Consultations

4.9 on 5.0

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