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gauravjain   05 May 2015

Pre- maritial relationship discontinued

Hello Experts,

One of my friend Mr X, was in relationship with Ms Y from last 5-6 years. Mr X is Jain & Ms Y is Punjabi by religion & Caste, still both families agreed for their marriage and performed pre maritial rituals, in front of close family members, known as "Roka" in Indian context. The same was done around 1.5 years back.

Now from last 1 year the couple is facing some personal conflicts and Ms Y is in Australia from January, 2015. Both Mr X and Ms Y are now unwilling to marry each other. They have confirmed the same to their family members and to each other on Call & through "Watss App" a chat application.

Family of Mr X, and he himself, is willing to get in writting that, this relation is discontinued with mutual consent and under no due-undue influence. They want the same, so that, in future any of the above, namely Mr X, Ms Y and familiy members of both, cannot claim any right or liability of what so ever, against each other. Family of Ms Y is opposing to giving anything in writting.

Please suggest asap.



Learning

 3 Replies

Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India)     09 May 2015

Sir,

 

Getting in writing is good option, why u involve the family I mean get the same done between the boy and the girl ......Or otherwise as well get the same done qua phone calls and record the same for future purpose .

 

Warm Regards 

Kapil Chandna Adv 

9899011450

gauravjain   10 May 2015

Thanks Kapil, but, "recording will not suffice" this is what am getting as suggestion from others.

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     13 May 2015

Do not be excessively anticipatory. Both X and Y are adults. It is not necessary to involve the families in the matter. What is Roka? Is it an engagement ceremony? If so it can even be unilaterally broken by one of the parties. Let your friend send  a notice to Ms. Y, stating all that you have written above regarding the break-up and that the engagement is broken once and for all. In case she had any valid objection to the break-up, she may be asked to communicate it to X within a stipulated number of days and that otherwise it would be taken that she agrees for the break-up.


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