Cancel marriage after engagement
I'm the boy and got engaged in July, 2015. Please inform what are the legal complications if the Girl's side cancels the marriage after the Roka and Engagement. The marriage was called off by the girl's father 3-day before the marriage ceremony (marriage date was 5th December, 2015). We've a video recording as well as audio recording of the father calling off the wedding.
Also, please inform what action the Girl side can take & its legal implications if some one breaks this relation before marriage after engagement.
They called up after breaking the engagement and proposed that we patch up for marriage again and threatened us that if we don't commit, they would file a legal case for monetary compensation against us. Is that possible? Are we liable to compensate them for the engagement function legally?
Thanks and best regards!
Asked in Family Law from Patna, Bihar
If the marriage was called off by the father of girl or girl side then immediately issue a legal notice to them with all their illegal activities and demand compensation along with all the expenses occur by you for preparation of marriage arrangement, if before your action they take any action against you and your family then they may file a complaint regrading the dowry demand against all of you under section 3/4 of Dowry Prohibition Act which may create nuisance in your social life as well personal life.
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Advocate, New Delhi
1) If girl family has called off the marriage 3 days before the wedding you should under no circumstances agree for marriage with the girl
2) you must return the gifts received at time of engagement
3) since marriage has been called off by them you are not liable to compensate them for expenses incurred on engagement
4) it is better you amicable resolve the dispute
You have not mentioned on what grounds/reasons they have cancelled the engagement. Was there any other monetary transaction involved apart from the expenses of the engagement ceremony? From your statement it appears that you're not interested in marriage now, if so, then let them initiate false suit if they want to and face them on merit but if you have demanded any monetary favours from them, I would advice you to return it immediately through cheque.
Hi, there is no legal binding between the parties as there is no solemnization of marriage so you can't claim any compensation etc form the grils side and vice versa also.
Engagement does not bind you to marry the person you are engaged to. Marriage can be called off without assigning any reason as prenuptials are not valid in India. No claim for compensation can sustain in a court of law except if they can prove that there was a suppression of a material fact by you, on detection of which they had to call off the marriage.
Legally speaking, if the girl or boy side decide to cancel the marriage, some justification should be made by the side intends to cancel the proposed marriage especially after the engagement.
In your case instead of entitling you for a compensation for the losses you suffered due to their irresponsible and sudden decision, they allege and create a different story and also demand compensation which is unfair.
You may reject or refuse their demand and ask them to either arrange for ceremony once again or to wind up without making any claim or ask them to proceed as per their desire and proposal, the same can be challenged before court of law.
Do not be scared about their influence or strength, you may take the help of police if they torture you continuously.