Cancellation of marriage
C. P. CHUGH
(Querist) 02 February 2013
This query is : Resolved
Dear Xperts, Please advise,
A Matrimonial alliance was sought by a father for his daughter to which father of a groom replied. Negotiations Went on for two to three months. Boy's and Girls Parents visited Each Other. Would be Bride and Groom also inter-acted two three times. Finally alliance was fixed. Due to his preoccupancy boy insisted for immediate marriage within a week, was consented to and all arrangement fixed. Sagan Ceremoney conducted two days prior to marriage. Expenses so far incurred around 15-20 lacs. Next day of sagan, boy and his family stopped responding calls. When contacted personally, father informed that boy is not ready for marriage and wants to delay, girls family insisted for marriage on appointed date (two days later) for which invitations has already been sent. After prolonged discussion, the boy finally refused to marry.
What criminal offence he has committed and under which sections he can be charged.
Thanks
V R SHROFF
(Expert) 02 February 2013
If boy and his parents dowry demand not satisfied, bride side have good case;/s 498
If gone out and had physical relationship, can claim rape with false promise of marriage.
Otherwise only civil suit for compensation of losses , damages , mental agony, cost incurred can be recovered.
Raj Kumar Makkad
(Expert) 02 February 2013
Such boy and his family is liable to be prosecuted under section 420 IPC in the given facts. Nothing had heppenned after Sagan ceremony on the part of the girl side which may be taken as a shelter by those accused persons.
A separate defamation may also be filed. Civil suit for recovery of expenses with compensation can also be sought.
Sudhir Kumar, Advocate
(Expert) 03 February 2013
Such like neglect of telephone calls followed by formal refusal refusal is generally due to dowry demand. This is a time old tactic of dowry seekers. which though not slept by you have been visualised by Mr Shroff.
Further insisting of early marriage without plausible cause is generally done to avoid other party from knowing much about the boy and family.
If you feel there was no dowry demand then it is clear that they did not intend a marriage and only extraction gifts in the name of engagement. This is a case of cheating as observed by Mr Makkar.
In case of dowry only the core member of the family who actually demanded are liable but in case of cheating every guest of them present is liable as participant in crime.
Further they have brought indirect slur to the girl and are also liable for defamation though caused indirectly.
Girl family is either way lucky to have escaped irresponsible relationship.
C. P. CHUGH
(Querist) 03 February 2013
More facts, Although there was no direct demand of dowry, the behaviour of Boy's family could not be understood. Father of the boy extended helping hand by insisting on making all arrangements like booking of banquet for Sagan and Marriage and also for Photo and Video graphy which he actually did.
Next Day the Photographer went missing and unapproachable, Banquet Booking was Cancelled by Boy's Father a day before marriage while Girl Family was requesting at Boys Grand Father's House for reconcilation. CC footage of Banquet was deliberately removed/deleted.
Girl's Family called 100, Local Police arrived and raised jurisdiction issue. Finally the Girls Family lodged complaint at their native place which is under investigation. Notice issued to Boy's family is yet to be replied, What should be next course of action for Girl's Family.
Thanks
Raj Kumar Makkad
(Expert) 03 February 2013
In case police do not take action over the complaint lodged with it then better to file criminal complaint under section 200 of Criminal procedure Code before the trail magistrate of the area with application under section 156 (3).
B.B.R.Goud.
(Expert) 03 February 2013
the case can be instituted for cheating (420), breach of trust(405) and defamation(500) under IPC...and also for compensation....
C. P. CHUGH
(Querist) 03 February 2013
Thanks all Xperts, who took pain to advise.
