• Engagement breakup

Sir, I was engaged to a girl who holds PR from UK about an year ago.Things couldnt work out great between us and now we are on the verge of breaking this engagement. The girl was taken back after a week from the engagement to UK  and all we we had was tense moments on phone/ chat all this time since then. We know that all the gifts and money that were exchanged at the ceremony are to be returned. Can I be advised on the fact that out of the various expenses which they are imposing on us, which of them are we legally and justly liable to pay, considering the fact that calling off the engagement is a mutual decision of both the parties. Are they being fair if they are charging flight expenses from UK to India? Are we liable to pay full expenses of catering and marriage palace services offered by the girl's side at the time of engagement? Also the girl's side are not planning to return any money and gold that we gifted to them. can they legally do that?
Thanks
Asked 2 years ago in Family Law from Amritsar, Punjab
Religion: Sikh
1. Did you make a list of gifts which were exchanged? Did the girl's family give you cash? You are liable to return all the gifts which were given to you at the time of engagement. It is your own case that apart from gifts, money also exchanged  hands. If this be so, the girl may file a dowry case against you which may unnecessarily enmesh you in the rigours of law. You may be able to rebut that gifts exchanged were not dowry, but it will be difficult to prove that money was not taken as part of dowry. 

2. Flight expenses were spent by them out of their own free volition, so you are not obligated to reimburse them. However, this does not prevent you from returning them on your own accord.

3. You are not obligated to refund the expenses incurred on marriage and catering as these were spent by them on their own accord.

4. Girl's family is bound to return the gifts given to them. In the event that either party refuses to return the gifts to the other, the latter can file a case for recovery in the court.

5. The return should be documented to prevent legal hassles. Consult a local lawyer immediately.
Ashish Davessar
Advocate, Jaipur
18057 Answers
445 Consultations
5.0 on 5.0
1) in case engagement is called off all gifts exchanged between parties have to be returned . 

2) you can insist that your fiancee retruns all the cash and gold ornaments gifted to her and her family . 

3) prepare list of gifts which had been given to her family and insist that they return the same . 

4) dont break off the engagement . inform your fiancee that you are willing to proceed with marriage but if they want to call off the engagement you have no objection to the same . 


5) in case it is a mutual decision all expenses incurred should be split equally among the parties 

6) amicable settlement is best option . you are not bound to pay their air ticket expenses . only catering , palace service expenses should be split equally
Ajay Sethi
Advocate, Mumbai
23107 Answers
1213 Consultations
5.0 on 5.0
1) further please engage a local lawyer and all emails exchanged with your fiancee have to be vetted by your lawyer to avoid legal complications in future
Ajay Sethi
Advocate, Mumbai
23107 Answers
1213 Consultations
5.0 on 5.0
Hi, you have to exchange all the gold and jewelers and saries but it is unfair to ask for travelling expenses and other things as the both parties have spent for the same so you can exchange only gold and silver articles.
Pradeep Bharathipura
Advocate, Bangalore
4104 Answers
133 Consultations
4.3 on 5.0
1. Generally the gifts presented to each other are returned,

2. For bearing other ceremonial expenses, it is to be seen for what reason and for whise fault the engagement has been called of,

3. If, the engagement has been cancelled with mutual agreement without accusing each other, then all the expenses should be equally shared by both the parties.
Krishna Kishore Ganguly
Advocate, Kolkata
12042 Answers
227 Consultations
5.0 on 5.0
A. all demands from girl side are illegal and ur not liable to pay said expenses to them.

B. girl side will have to return cash and jewelry back to you as they cannot keep them legally.

C. better settle matter amicably.
R.K. Nanda
Advocate, New Delhi
457 Answers
0 Consultations
3.8 on 5.0
IF YOU BREAK IT YOU WILL LIAVBLE IF THEY PRODUCE BILLS FOR CONCDUCTING THE FUNCTION THINGS EXCHANGEED AT THE TIME OF FUNCTION MENTAL AGONY ETC. BETTER NEGOTIATE AND SETTLE. THEY CAN LODGE A CIVIL AND CRIMNAL CHEATING CASE FRAUD CASE AGAINST YOU ALL
Jeshma Mohandas KP
Advocate, Kozhikode
567 Answers
1 Consultations
3.5 on 5.0

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