Call of letter when criminal proceedings underway
I got engaged to a woman earlier last year. this was a formal arranged alliance that we came to know through a matrimony website. After a very minor misunderstanding with the bride's brother the bride and her mother told me over phone that they are ready for marriage only if I allow her brother in future into my residence. After arguments, the topic was dropped but within the next 5 days the woman called me up to convey that she is calling off the marriage stating no specific reason and I too did not contest it as both of our calls were recorded in our respective phones so did not want to speak anything in emotional outburst. It is to be noted that the call off happened just 10 days before the marriage after having distributed invitation cards. We spoke to her dad and he did not give a concrete reply and started to avoid us. We had no other go but to approach the police and lodged a complaint against the bride, her mom, dad and brother. The case was registered, FIR filed, High court ordered police and magistrate court for quick resolution to this case under section 482 last month as well. The case against the bride's family was admitted under sections CRPC 417 and 420 by the magistrate court initially and they ordered the police to FILE FIR. Now the police have filed a charge sheet under the above said sections and an additional section as well. At this point in time the magistrate court has called the accused twice and if they do not turn up on 3rd instance I understand an arrest warrant may be issued against them. Under such circumstances, in order for me publish my profile in matrimony websites and seek another alliance do I require a formal notarized call off letter to be signed by the bride and her family? Assuming we never approached the police and there was no case registered would a call off letter be legally required to cancel the engagement as we had written a lagna partika and exchanged rings in front of a sizeable crowd?
Asked in Civil Law from Chennai, Tamil Nadu
Hi, Since there is no marriage is taken place there is no legal binding between the parties so question of call off marriage in writing does not arise. you can find out suitable bride of your choice.
1) you should not be in a hurry to get married again
2) you dont need a formal calling off engagement by the bride
3)if no case had been registered then email sent by the bride family calling off engagement or messages sent by her family would suffice
Your marriage is not solemnized still ,only one engagement had happened. So you can search any bride any time . So a call of letter is not necessary .
You are the complainant and not accused in this case. To publish your profile on any matrimonial site you do not require any sanction letter from the bride or her family as the marriage never took place. A lawyer's notice should have been issued to cancel the engagement but it cannot be issued now.
There is no need for any call off letter, do whatever you want to do.
Feel free to Call
Advocate, New Delhi
Under such circumstances, in order for me publish my profile in matrimony websites and seek another alliance do I require a formal notarized call off letter to be signed by the bride and her family? Assuming we never approached the police and there was no case registered would a call off letter be legally required to cancel the engagement as we had written a lagna partika and exchanged rings in front of a sizeable crowd?
The marriage call of letter may not be require. However to safeguard your interests, you may issue a lawyer's notice stating that for the cited reasons the proposal for marriage is dropped and there is nothing to claim or exchange between both.