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Break up of engagement

Querist : Anonymous (Querist) 31 December 2017 This query is : Resolved 
Respected sir,please guide me wat to do?
My brother got engaged on 18 Jul 2015 and marriage was decided for Feb 2016. My father passed away in an accident in Sep 2015 after which we made it very clear to the girls family that marriage cannot take place before a year as this is the common custom in our religion and region. My mother who was living alone in a rented flat moved to my brothers place in Dec 2015. Girl started questioning my mothers stay with my brother and then family was also pressing for early marriage and started talking nonsense about my father that it was his fate that he has left this world early and now they should get married. On the other side girl was continuously telling my brother that if u cannot have all the time for me then better u break the marriage. So finally in Jan 2016 we called off the marriage. We have proof as in messages sent by girl to my brother to call off the marriage. After this they demanded the expenses they did for the engagement. The bill they are giving is of 7.5 lacs which include bill for the hotel and cost of gold and clothes and other small gifts and the sweets they purchased for that day. We also gifted them for around 1.5 lacs. They are showing their hotel expenditure as 3.5 lacs but we have seen the bill which was of 1.68 lacs. After all this threat calls for false dowry case, the girl got married with another boy in Nov 2016 . Now they are again coming and asking for same money. My brother is still not married. This time they have filed some case for which we received a police notice also. We are going to follow whatever is the legal course but I want to know what will be the maximum amount which court can ask us to pay them? We have all their gifts still with us and we are ready to exchange with our which they must be having with them.
Vijay Raj Mahajan (Expert) 31 December 2017
The Court may ask both parties to exchange/return the gifts given at the time of engagement. The money spent by both parties for engagement will be borne by them only however as the engagement is being broken by the groom side the reasonable compensation for bride side be given for the damages and cost incurred to them because of the broken engagement.
The girl has been married now and well settled the parents of the girl are making demands for continuous intimidating the boy side and steps taken in furtherance can be reported and criminal charges for criminal intimidation can be lodged against them.
Guest (Expert) 31 December 2017
Exchange both sided gifts under receipt, ask for the hotel bill (not their own list), pay that to them for your peaceful future. There is no benefit in buying tension without any reason.
Guest (Expert) 31 December 2017
When broke the marriage, was there any specific reason to withhold their gifts with your family membrs?
Querist : Anonymous (Querist) 11 January 2018
Sir actually they have become adamant in front of police too that they want everything in cash and will not take any of their gifts. Since 2 yrs they are saying same thing. Sir one more doubt..they hid their police record from us and this was also a reason why we didn't want to go through this relationship. The girl along with her father is involved in dowry case. But they didn't told anything about this. Now we have all the proof of their criminal records. Sir r we still responsible to break the marriage? Was this not a case of fraud from their side?
Guest (Expert) 11 January 2018
In view of the stated criminal record of the other party, better take help of some local lawyer, before it is too late for you to get the case settled honourably.


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