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Rajesh (SWE)     14 July 2012

Breaking the engagement has become crime now

 

Dear sir/madam,

This is my second post reg the same problem.I thank everybody who have answered my previous query.

 

I got engaged one month back because of my parents force.Though i am not at all interested in this marriage my mother's health played with my mind and i sat for engagement.Later on i tried to adjust with the girl in many ways and i recognized that if this continues i may ruin both of our lives.After one week of our engagement i told this to the girl and both of our parents.Firstly my parents were furious on me and told that i have to marry at any cost.This made me to depress further which made my parents take me to a psychiatrist.The doctor told my condition to everybody and as my parents cannot loose me they have accepted to talk to the girls parents.
   Some how i could convince the girl also and she has agreed to break the engagement.But the girl's father is threatening us.When the terms were good they have deposited 4 lakhs in to my father's account(please do not mistake that it is for dowry.It has been given for marriage expenses as our parents have asked them that as i am their only son they want to conduct the marriage.They have booked a marriage hall also.) and they have taken photos and videos during engagement.Now they called our parents for settlement and called local rowdies which made my father worried and somehow he escaped.Now my father is receiving abusive phone calls from the girl's father and he is saying that he will go to the police station and file a cheating case and dowry harassment case against us.
    Sir/Madam,i got a doubt here,whether the feelings will be there only for girls or for boys also.If a girl breaks an engagement it will not an issue and if the boy does the same mistake why so much harassment in India.
 I told her parents even if they do the marriage forcibly we cannot  be happy.Are we living only for the sake of others or for our sake also?They are cursing me that i have spoiled the girl's life.I admit that i have done a big mistake but if i marry now both of our lives will get ruined and that will be the biggest mistake of my life.
 
Now i request you to please let me know under which sections can the girl's father file a case against my parents and me.He challenged that he will make all of us arrest and get a huge penalty for my mistake.
Please make some time in your busy schedule and please reply.I will be very thankful to the detailed explanations as we are very confused and donot know what to do.
 
Yours truly,
Rajesh.


Learning

 12 Replies

Kundan Kr. Singh (Advocate)     14 July 2012

Mr.Rajesh they can file only complaint under Dowry prohibitation act--- nothingelse.

In india if any person wants to harass you they can adopt many ways---------and many favourable laws are here,  collusion with money.


(Guest)
I think nothing will happen. Give money back, if even u get marry now then ur future will be dark. Be Strict now on ur desigion.

jatin aggarwal1987 (legal officer)     14 July 2012

Mr. Kundan Ku. Singh suggested u very good and clear consequences.

in my opinion this is still a promise to marry and which is void under sec. 26 of the indian contract act, 1872. but recentely the Hon'ble Supreme Court observed that promise to marry is also enforceable on the condition that it should be in writing whether simple written no particular writing is required.

in india any one can harras to any person because law is here but not HEAR.

Tajobsindia (Senior Partner )     14 July 2012

@ Author,


See try to understand in below context the situation that you landed yourself into;

 

1. A women's chastity in India is kept at higher pedestal and for men's there is no equal since ancient times. So to your first question Law does not have any answer to what ever justification you give.  When ‘chastity’ gets mentioned here it conjures image of s*xual chastity of a girl in generic but it is not so in reference to context. Chastity is implicit rather than explicit and objectified in society and depends from interpretation to interpretation in context to facts of each case.

 

2. Our social fabric do not digest that after engagement a marriage can be broken, normally it rarely happens.  Engagement gives way to 'expectations" in general that it will culminate into “wedding by two people involved” and sections of society will be called to bless the newly wed and so on so forth. Once that expected wedding does not happen then society prejudice is invincible and then flood gates of physical suffering, mental anguish, social humiliation, loss to once reputation moral damages and embarrassment suffered  before ones relatives and friends causes irremediable damages to girl more than the boys in generic Indian society. That explains your second question doubts on prejudice society keeps when it comes to boy(s) calling of enggaement(s). Here forget about few Tomcats and few cases we heard from media about girls breaking enggaement and gets her false heroic acts listed in School Text Books.

 

Now if your facts are seen in neutral social eyes then yes they have a case against you / your side.

 


3.
An aggrieved person can claim compensation or damages for breach of promise to marry. Once the existence of promise to marry is proved then its breach would certainly be actionable under S. 73 and 74 of the Indian Contract Act and not under S. 26 as one earlier replier wrote here.

 


4
. Breach of promise involves an individual’s right to prosecute or make a claim against another individual who has reneged on a promise. Breach of promise to marry at best would also attract an offence of cheating under S. 415 of the Indian Penal Code. "For instance, if a boy who promises a girl to marry; breaks the promise, it is false representation If, at the time of giving such a promise, he did not intend getting married, then it would certainly amount to cheating”.

 

 

Solution now here is to say politely to them to take their 4 L with interest and leave you / your side to peace. His father's worry is well noted of now who will marry his daughter ? It all depends now how your side pleads to them. Take / send seasoned mediator feelers to diffuse the problem that is created now. 

R Trivedi (advocate.dma@gmail.com)     15 July 2012

What do you mean you tried to adjust with the girl in many ways !! Before marriage ??

 

You checked yourself with the girl ??, Your father took Rs. 4.0 Lacs ??

 

What do you expect the girl and girl's father to do with you now ??  You are a chicky picky type character with no values, now when the girls' father rightly (method may be wrong) taking up the matter with you and your father then you are chickening out. RETURN THE MONEY, PROFUSELY APOLOGISE TO GIRL AND HER FATHER AND BE MORE PRUDENT IN FUTURE.

Ranee....... (NA)     15 July 2012

If that was not dowry what was that?

Rajesh (SWE)     15 July 2012

Thankyou all for your answers.

@ Ranee.......In our culture marriage is conducted by the girls side.As i am the only son to my parents they have requested their parents that they will conduct the marriage.For that they have deposited that amount.Further we have given gifts worth 1 lakh to the girl and booked a marriage hall with 1.5 lakhs.Normally as u seems to be an ideal person atleast sharing the marriage expenses by both will be ok  or all the expenses should be borne by the boy only?I am not giving u the explanation.Am just want to know the legal consequenses.Ethically i have already suffered.Am ready to give back their money as well as any compensation they demands.I know money may not fill the damage.

But i want to know the sections under which i can be punished legally.Lawyers please let me know......

Regards,

Rajesh

DILSHAD BEGUM (HR)     12 June 2016

Dear Team,

The law in India is good. But corruption is very bad in police system. We had engagement break from both the parties but now they are demanding Rs 6lakhs and managed police framed a cheating 420 case. Police and political power .all 6 members of family are accused now. We took stay of arrest when applied for quash on FIR. Now police filed charge sheet and again harassing us on false case.

sameer   27 October 2016

Dear Sir,


I am Mohammad sameer, 2 months before i had engagement and now i had discussion with the girl family that i cannot proceed this engagement into marriage because i am not interested
in this relation further more due to my career.
And I had not taken any kind of money gift from the girl family.
Now they are telling that they will pull my leg into dowry case.
Please sir, tell me the offending way and they are also making pressure on me and they are demanding money for breaking engagement around 10 lakh.

RAJIV KUMAR   09 April 2017

Sir I engaged in January 2017 due to.my family pressure but I not want to go with that girl as my wife. Please suggest me what should I do to break my engagement as I am very much tensed.  Please sir help me.

tonystark   11 September 2017

Hey brother!! Am exactly in the same situation.. May I know what happened in your case?

tonystark   11 September 2017

@R Trivedi: what do you mean he chickened out!! Is it our ill fate that we are born in India and guys feelings are the last thing people consider in a marriage? People like you are the reason there are many guys like us suffering for our whole life with the girl we don't want to live with. If its a girl who posted the same matter, you could have supported and lauded her for her bravery and guts.. when a guy does it, its chickening out, eh? Double standard hypocritical society we are living in..

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