• Breach of promise to marry and deception

My friend's arranged marriage wedding was to happen in May but he called it off as he found out certain habits about her.  Now her family has filed a case of cheating, deception and no intention to marry against him.  There were no physical relations between him and the girl and no engagement took place. 
Could you please advise on what exactly the law says in this matter and how does this work.
Asked 2 years ago in Criminal Law from Denmark
Religion: Hindu
there are atleast three essential ingredients constituting an offence of cheating which should be made out from the materials available on record. They are as follows:-

(1)Deception of any person;

(2) Fraudulently or dishonestly inducing that person

(i)to deliver any property to any person or;

(ii) to consent that any person shall retain any property, or and (3) Intentionally inducing that person to do or omit to do anything which he would not do or omit if he were not so deceived, and which act or omission causes or is likely to cause damage or harm to that person in body, mind, reputation or property.

2) mere promise to marry and later on withdrawing the said promise will not amount to an offence of cheating at all. On such false promise to marry, the person to whom such promise was made should have done or omitted to do something that he would not done or omitted to do but for the deception.

3)there are no materials available on record to show that because of the promise made by you  the  girl has done anything or omitted to do something which has the tendency to cause damage or harm to the body or mind or reputation or property of the  girl 

4) Hon'ble Supreme Court in G.V.Rao v. L.H.V Prasad and others (2000 93) SCC 693) wherein, in paragraph Nos.7 and 8, it has been held as follows:-

7.As mentioned above, Section 415 has two parts. While in the first part, the person must dishonestly or fraudulently induce the complainant to deliver any property; in the second part, the person should intentionally induce the complainant to do or omit to do a thing. That is to say, in the first part, inducement must be dishonest or fraudulent. In the second part, the inducement should be intentional. As observed by this Court in jaswantrai Manilal Akhaney v. State of Bombay a guilty intention is an essential ingredient of the offence of cheating. IN order, therefore, to secure conviction of a person for the offence of cheating, mens rea on the part of that person, must be established. It was also observed in Mahedeo Prasad v. State of W.B that in order to constitute the offence of cheating, the intention to deceive should be in existence at the time when the inducement was offered.

8.Thus, so far as the second part of Section 415 is concerned, property, at no stage, is involved. Here it is the doing of an act or omission to do an act by the complainant, as a result of intentional inducement by the accused, which is material. Such inducement should result in the doing of an act or omission to do an act as a result of which the person concerned should have suffered or was likely to suffer damage or harm in body, mind reputation or property.

5) file for quashing before HC. you did not have sex with girl under promise of marriage . because of compatibility problems marriage has been called off 
Ajay Sethi
Advocate, Mumbai
45712 Answers
2688 Consultations

5.0 on 5.0

A promise to marry is legally unenforceable under the Indian law. The promisor can marry anyone else without assigning any reasons. 
Ashish Davessar
Advocate, Jaipur
22977 Answers
634 Consultations

5.0 on 5.0

1) The fact is that as the boy backed out from the proposed marriage, it has resulted in economic loss for the complaining party besides certain amount of social stigma as the marriage was called off.

2) There are no huge implications for the complaint made by the lady's family.Your friend will be liable to compensate for the expenses incurred for the preparation/engagement etc.  

3) There is no impediment in the mean time for your friend to go ahead with another marriage.
S J Mathew
Advocate, Mumbai
2252 Answers
110 Consultations

5.0 on 5.0

There is no question of cheating or deception if there was no written agreement for the proposed marriage.

The marriages are being called off at the last moment even after a proper engagement/betrothal had been conducted.

It is for the party to decide and they have all rights to call it off at the last moment too for the reasons they rely upon.

The contents or the nature of complaint is to be seen for rendering more and proper  opinion  in furtherance to above views. 
T Kalaiselvan
Advocate, Vellore
35869 Answers
390 Consultations

5.0 on 5.0

1. There was no engagement for the marriage,

2. So, the marriage was not finalised and was in preliminary stage,

3. No party was affected financially for his calling off the marriage,

4. He can not be sued for calling off or refusing to finalising the marriage proposal. 
Krishna Kishore Ganguly
Advocate, Kolkata
18535 Answers
449 Consultations

5.0 on 5.0

If your friend has solid proofs about the habits of the girl then he need not worry, he in order to save his married life has every reason to cancel the marriage if the girls habits were not in good taste.
If the girls side have filed a case of cheating, deception and no intention to marry her against your friend, then this has been done only with the main objective of coercing the boy to marry the girl with threats of criminal cases being falsely filed against the boy.
Kiran N. Murthy
Advocate, Bangalore
999 Answers
89 Consultations

5.0 on 5.0

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