• Enforcemet for Marriage

Our family have fixed the marriage in month of June. There are no engagement or registry have taken place.Girls family may have booked hall or made necessary arrangement.I work in Ireland since last 4 months.I have permanent job offer here.I am working since June 2016.I got some emergency assignment due to which me and my family tried to talk to girls family to postpone the marriage but they are assuming we are cancelling and started abusing and threatening us with suicide.

We feel now that we will cancel it only as their behavior is a concern of worry for us .but if we say this directly the girl and her family may put false allegations and complaint against us.Hence we want the help of law to protect me and my family as we are not willing to marry under pressure because of threatening messages.
We are ready to help and cooperate if required. I would like to settle the matter but girl asking me to marry on promised date or she will take a step to suicide.  Please suggest me what to do in this condition. I am really afraid of this girl and now i dont want to marry her side by side i want to keep my self and family safe side.

Please advice me what to do in this condition. I came abroad immediately after 15 days when i met girls family. So it's arrange marriage and i met the girl for 15 mins in front of their parents. There is no registry or engagement happened.
Asked 1 year ago in Family Law from Ireland
Religion: Hindu
1) you can call of the marriage on account of abuses and threats received from the girl and her family members

2) send an email offering to repay the expenses if any incurred by them in making arrangements for marriage 

3) mention that you have been refused leave by your organisation 

4)your father  file a complaint with local police station wherein you reside and mention that marriage has been called on account of constant threats and abuses received from girl family and of committing suicide . 

5) also mention that no dowry demands were made and that yuou had offered to repay expenses incurred for marriage 

6) in case fgirl family files any false case of dowry harassment obtain AB from sessions court 
Ajay Sethi
Advocate, Mumbai
45474 Answers
2672 Consultations

5.0 on 5.0

1. Well, since it was no engagement or marriage you can back off this marriage at any point of time if there is enough reason as you have stated.
2. Whether you postpone or cancel so inform the girl's family in writing though letter or e-mail. 
3. Return all gifts if gifted any.
4. If they continue to threat you then do lodge complaint of threatening, verbal abuse and intimidation in the local police.
4. The girl can also lodge complaint with Police but I do not find any serious reason for you to worry.
Devajyoti Barman
Advocate, Kolkata
12818 Answers
166 Consultations

5.0 on 5.0

The only offence which could be alleged against you in case you decide to not marry the girl is demanding dowry. Demanding and taking dowry is penal offence under Dowry Prohibition Act. You have to guard yourself and your family from such allegations. In the facts and circumstances my advice would be that from your side don't call off the marriage but your communication would be that due to your job related problems, the marriage date requires to be postponed. Suicide threat of the girl is not a problem unless dowry demand is alleged. Try to collect all possible evidence as to threats of the girl, any dowry related issues to defend yourself in case .some unpleasant happenings. Once the date of marriage is postponed, you will get opportunity and time to think for an honourable settlement of the situation.   
H. S. Thukral
Advocate, New Delhi
568 Answers
169 Consultations

5.0 on 5.0

1) Marriage cannot be enforced and you cannot be coerced into a marriage. However, you cannot keep them guessing and have to inform them of your decision to back out.

2) You can do this directly or through a third party explaining the entire chain of incidents. It would be advisable that you or your parents file an NC/ non cognizable complaint detailing the circumstances you are withdrawing from the alliance and the threats from her and the family including threat to commit suicide.

3) Their response must be reactionary to assumption that you are backing out. You need to choose whether you want to reconsider your decision now. To avoid unwanted trouble, you can offer to partly compensate the expenses they may have incurred in preparation. This must be only part of negotiation.
S J Mathew
Advocate, Mumbai
2240 Answers
110 Consultations

5.0 on 5.0

1. The matter shall have to be dealt with a little matured and compassionate way by both the sides.

2. There is no doubt that there will be serious problem to be faced primarily by the girls's side if the marriage is postponed without fixing the next date. They can apprehend social defamation also.

3.  It is also a fact that you are not responsible rather nobody is responsible for the said postponement of marriage due to exigencies which the girl or her family should have understood and accepted.

4. Collect all the evidence of their misbehaviour by audio/video recording the conversations etc.

5. Lodge a police complaint alleging that you are being threatened by the said girl about filing of false complaint or committing suicide holding you and your family responsible.

6. Inform in clear terms your decision to break the marriage plan/proposal.

7. They may go to police complaining dowry demand and police may show some natural sympathy on them for the huge loss of face and money to be incurred by them and accept their complaint. In the said instance you shall have to explain the police about your problem and reason for calling off the marriage contest politely.
Krishna Kishore Ganguly
Advocate, Kolkata
18466 Answers
448 Consultations

5.0 on 5.0

If you apprehend suicidal threats or emotional blackmails or any other legal actin that may be initiated by them in this regard, you may write a letter to them communicating your decision to cancel the proposal of marriage.

In the said written communication to be sent by registered post with a copy endorsed to the local police as well as to the district top police officer, you may clearly indicate the reasons for cancelling the proposed marriage owing to their pressures and threats which are not acceptable to you.

Especially since you are not available in the country on the date fixed for marriage, their lack of understanding as well as their threats to go to police etc have created a lot of mental torture hence it would not be proper to go ahead with the proposed marriage. 

The incidents happened would lead to a disastrous married life even if married under pressure hence you are calling off the proposal for ever.

You can also mention that despite this communication if they would approach police or take legal action you are ready to face them at their cost and consequences.

This step  would ensure a safe passage.
T Kalaiselvan
Advocate, Vellore
35642 Answers
386 Consultations

5.0 on 5.0

1. Filing of false dowry demand cases by the girl's family after the cancellation of marriage is something very common in India as people cannot take it in their stride. Be that as it may, engagement or agreement to marry is not legally enforceable. You are free to call off the marriage. Any gifts which have been exchanged should be returned against an acknowledgment. Intimate her through a letter about the cancellation of marriage. 

2. If any FIR gets filed against you or your family members in India then apply immediately for anticipatory bail.
Ashish Davessar
Advocate, Jaipur
22977 Answers
634 Consultations

5.0 on 5.0

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