Calling off marriage after engagement
I am an NRI (currently living in USA) , and my marriage is cancelled bcoz girl dont want to marry. girls father is forcing marriage. If I dont get married he says we should pay him 30Lacks or he will file a case of women defamation and that i mentally tortured her daughter. (may be IPC 420 not sure)
here is full story:
I got engaged in March 2016, we all were happy for engagement.
After I came back to US, Marriage date was finalized to mid July.
Till now all were going good. Later girl told me she is not happy with marriage.
I tried to find out reasons many times she game me different reason each time. I loved that girl and wanted same back from her. I sent her few gifts too.
one fine day, she drank a wine and reveled me she used to like a guy and she wants to meet that guy and more. I was sad to know that but I did not wanted to cancel marriage because social issues my family might have to face.
On one fine day, girl called me and said she is not willing to marry me and she is not happy.
I told this situation to my parents and they discussed with girls parents. Girls parents donot agree that their daughter would cancel marriage or get drunk or ave affair with other guy.
On their demand, I went back to india for couple of weeks. few relatives from girl side (except her father) came to our home and i showed them proof (chat history) what girl said to me. (we dont have any written/audio proof that she wanted to cancel marriage, but we have proof of drinking, taking about her lover)
Girl also told their relatives that she don't want to marry, if married she may commit suicide. so her relatives cancelled marriage and we decided to exchange all gifts/rings which were given. Next day we exchanged gifts, and relatives promised all settled and we do not hold any grudge.
NOW, girls father started threatening US. he says we should pay him 30 lacks rupees or he will file a case (obviously false case). He wants marriage to happen (even though girl dont want it, he might have convinced her forcefully).
Here is my question:
1. If he files case, what might be charges (our attorney says IPC 420, and 406)
2. Can he file case of IPC 498 "marriage cancellation coz of dowry"?
3. If they file a case Do i have to travel back to india? currently I am in middle of filing visa extension, I dont want to travel back to India.
4. what precautionary measures can be taken so that they cannot file a case or if they how we can easily turn it down?
Asked in Family Law from United States
1. Marriage may be called off after engagement as there cannot be a contract to marry. Neither party is bound to marry after engagement. The complaint may be filed for demand of dowry and sec.420 and 406 IPC, in which event you should apply for and obtain anticipatory bail and then apply for quashing of the case.
2. To apply for and obtain anticipatory bail you do not have to travel to India as this can be taken care of by your lawyer, but thereafter you will have to appear in the court unless you are exempted.
3. You cannot prevent them from filing the case, but you can contest it in defence.
q. Since the girl herself does not want to marry, her father can not lodge any complaint.
2. I hope you have written proof of exchange of articles. If that is so then also no case of cheating or dowry harassment lies.
3. Try to record the threat of the father of the girl about filing such cases.
4. No case u/s 498A lies.
5. Better do not come to India till the dispute settles finally. The marriage seems to be fully over, so there is no point in cajoling the girl anymore.
1) refuse to bow down to blackmail tactics
2) file case of extortion under section 384 of IPC against father for threatening to file false case against Rs 30 lakhs are paid
3) if FIL files case it would be cheating under section 420 for breach of promise to marry
4) case can be filed under section 498A for dowry demands
5) if case is filed you will have to obtain AB from sessions court
6) before FIL files case you should file case for extortion against him . i hope you have recorded conversation when demands for dowry were made
1. The girl's father cannot file any case agaisnt you since the marriage already stands cancelled which can be asserted through their relative also, moreover it was the girl's own decision to cancel the marriage due to her affair with her boy friend. If at all the girl is giving a statement agaisnt you due to the threat calls from her father, you can issue a legal notice to her father to curb his practice of demanding or extorting money in the name of cancelled marriage lest he can be booked for extortion under criminal law.
No complaint is maintainable under section 406 or 420 IPC.
2. Even 498a is not maintainable because the marriage stands cancelled due to some other reason.
3. You do not have to travel back to India, let him lodge any complaint, the police cannot make any effort to deport you from a foreign country on this petty and flimsy charges.
4. You cannot take any precautionary measure until you are not knowing what are they about and what is the likely action they might desire to initiate. So wait and watch.
I have gone through the facts and am of the opinion that no case can be made under section 420/406 IPC. You have not swindled or misappropriated the property which would attract the above offences. Section 498 A is attracted only in case of married women. The case can only be filed under section 4 of the Dowry Prohibition Act, if the demand of dowry can be proved. The offences under the DP Act are non-cognizable, i.e. the complaint has to be filed before Magistrate and not to the Police . Further the offences are bailable. A complaint has to be filed within a year. In criminal cases the presence of accused is required but under certain circumstances can be exempted. There can not be any preemptive steps at this stage. It will be seen what steps are necessary when nature of complaint is revealed. I will suggest that you keep recording the conversation where in money is being demanded and the girl's reluctance to get married with you.
Advocate, New Delhi
1. He may file a cheating case with allegation for breach of trust i.we. sec.420 & 406. Both the allegations will have no merit to get desirable result,
2. No FIR u/s498A can be filed now since you are not yet married to her,
3. If they file a complaint, the police will investigate about the complaint and no FIR will be registered since you have not yet married to her and that they can not prove that you are refusing to ,marry for not getting the demanded dowry,
4. You can not stop their filing complaint case. You shall have to contest the same fittingly. Audio/Video record their such threats to lodge a false case if you refuse to marry his daughter.