• False dowry/sexual harassment case

Hello sir,
I had broken up my engagement 25 days prior to my marriage. I got engaged in August from then we started talking but some issues raised from then. We had discussion and met them out. In oct we did shopping and stayed for one night at her friend's home(who is married and have kids). That night we shared so many things and got emotional. We hugged each other and promised to be together. Next day we also talked about that night over chat and that time also no objectionable words spoken by me. It was very casual like swt hrt,darling and all. From then we had some clashes and this topic raised in front of family and issue resolved from our end. But from then everything was not fine at both ends. Now I finally decided to quit but they are threatening me for false case like sexual harassment and dowry. We never demanded a single penny even did all expenditure by our self. 
plz advice.
Asked 8 years ago in Family Law
Religion: Hindu

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5 Answers

1. The calling off marriage engagement itself is no crime and no case lies arising out of it.

2.however if the other party feels that her reputation is put to danger out of this unceremonious cancellation or her gifts are not returned then civil suit for damages can be filed.

3.Moreover of there is dowry demand non fulfillment of which may give rise to Dowry Harassment case.

4. So in your case the girl can not file any case but surely on the basis of false accusations she can file dowry harassment case.

5. hence best option is to be compensate their cost of engagement, return the gifts and settle the dispute amicable by negotiation.

6. If they continue with their threats you can lodge complaint with local police Baotou blackmailing or intimidation.

Devajyoti Barman
Advocate, Kolkata
23117 Answers
505 Consultations

5.0 on 5.0

1. Engagement does not bind you to marry the person you get engaged to as a promise to marry is not legally enforceable in India. It can be rescinded without assigning any reason due to supervening circumstances,

2. If you are cancelling the marriage then serve a lawyer's notice to the girl to intimate her about this and return the gifts, if any, which were exchanged at the engagement.

3. If a FIR is lodged against you then apply for anticipatory bail without delay. Engage a lawyer beforehand so that you may act swiftly if you are framed.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

1) you are at liberty to clal off engagement

2) you did not have any sex with her under promise of marriage

3) no case of rape is made out

4) at most girl can file police complaint for cheating under section 415 of IPC .

5) return all gifts received from the girls family and also offer to bear expenses incurred by them for engagement

6) in case any false case of dowry harassment is filed obtain AB from sessions court

Ajay Sethi
Advocate, Mumbai
96148 Answers
7735 Consultations

5.0 on 5.0

1. First try to collect audio recording of such threats to lodge/file false dowry and s*xual harassment complaint/case against you if you refuse to marry her.

2. After that lodge/file a police complaint/case about their threat to lodge/file false dowry harassment complaint/case.

3. Since there is no evidence of you demanding any amount and also having any s*xual relationship with her, she won't be able to lodge/file any complaint/case in that connection.

4. Your being close to her is not legally considered as s*xual harassment.

5. Relax.

Krishna Kishore Ganguly
Advocate, Kolkata
27342 Answers
726 Consultations

5.0 on 5.0

When the proposed marriage is being called off or is likely to be stopped due to such difference of opinions between the parties to marriage, the threats in the form of dowry demand and other issues are quiet common to put pressure on the other side by one side.

This may be due to salvage the damages to the reputation of family or my be to get compensated in terms of money over the losses.

Under such circumstances, your parents may intimate their decision to stop the marriage in writing stating tht since the difference of opinions between both parties cannot be solved the proposed marriage is cancelled and all the arrangements in this regard may be stopped immediately.

It may also be included that since there was no dowry demanded nor there is any disputed regarding dowry or any other demand, if the opposite party my plan to contemplate any legal actin on that line, they may be doing so at their own risk and consequences and the same would be challenged by you properly as per law.

This communication may be sent by registered post to the girt's father.

This step may protect you from any legal onslaughts.

T Kalaiselvan
Advocate, Vellore
86349 Answers
2293 Consultations

5.0 on 5.0

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