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Menka   15 May 2021

Calling of engagement before marriage

Is there any possibility of false dowry court case if first girl deny for marriage and consideeing situation that girl is not ready for marriage boy is also refused co no future of such relationship.
After this girl's father threatened boy and his family to pay money for breaking engagement otherwise I will file case against you.
And that girl is already involved in criminal case and came out on bail. This matter is totally hidden by girl and his family before and after engagement.
Girl's father is now cheating boys family saying this matter is already discussed with you and filed complaint against boy refusing to marry without any reason.
And sending legal notice to father regarding demanding dowry before marriage.
Pls suggest is there any possibility of case against boy and his family. How to come out from this false play.


 8 Replies

Sankaranarayanan (Advocate)     15 May 2021

Consult local lawyer and act accordingly 

Dr J C Vashista (Lawyer)     15 May 2021

As the engagement is stated to have been called off, there is no case for dowry demand.

Lodge a police complaint against girl's father for extending threats, false accusations and cheating .

It is better to consult and engage a local prudent lawyer for appreciation of facts, professional guidance and necessary proceeding, if it is a true story.

Law Point   15 May 2021

you can file a criminal complaint for extortion with threat to register an offence or indict any person.

Menka   15 May 2021

Sir already lodged complaint in local police and 1 copy to acp and Dcp also. But they hv not taken any action. In mean time Girls family is filed registered complaint against us saying without any reason they r denying for marriage. But in our complaint we already informed the police regarding threatened us and demanding money due to calling of engagement before marriage. Now with the help of local lawyer we replied on letter to police and also to their lawyer.

Is there any chances that girls family will take any further step or sort with mutual understanding.

As girl is already involved in criminal case and out on bail.

Pls suggest

P. Venu (Advocate)     15 May 2021

Reply could be given to the legal notice thus bringing facts on record.

Dr J C Vashista (Lawyer)     16 May 2021

Originally posted by : Menka
Sir already lodged complaint in local police and 1 copy to acp and Dcp also. But they hv not taken any action. In mean time Girls family is filed registered complaint against us saying without any reason they r denying for marriage. But in our complaint we already informed the police regarding threatened us and demanding money due to calling of engagement before marriage. Now with the help of local lawyer we replied on letter to police and also to their lawyer.

Is there any chances that girls family will take any further step or sort with mutual understanding.

As girl is already involved in criminal case and out on bail.

Pls suggest

If you have already submitted complaint to ACP / DCP / CP and no action is being initiated, you should move to area Magistrate under section 200 Cr PC read with an application under section 156(3) Cr PC for issuance of necessary direction to local police to lodge FIR or to proceed investigation.

Admission of girl in bail in some other case shall have little consequence in extortion and threat case. 

T. Kalaiselvan, Advocate (Advocate)     16 May 2021

If my gues is right, it would hardly be a week's time that you have written to DCP or higher police officer about the inaction of the local police on your complaint.

Hence you should wait for the disposal because you have already given a reply to their legal notice as well.

There is no point in rushing up the forums like this immediately without waiting  or having patience to get the result of your complaint filed with the police.

You have stated that you have already engaged an advocate, did that advocate not advise you about  moving judicial magistrate court with an application under section 156(3) cr.p.c. or under section 200 cr.p.c. for the inordinate delay by the police to take an action on your complaint.

If their complaint has been registered, then you may have to file an application for AB to avoid arrest.

Breaking off an engagement is fundamentally a breach of contract/agreement in the legal sense and a suit for damages for that can lie. Nonetheless, it might be included that, with just the premise of engagement one can’t be compelled to marry against his wishes. Engagement does not commit a man to wed the one to who he/she is engaged. The gifts traded or exchanged ought to be returned forthwith.

In Mukesh v State of Karnataka (2014), it was said in the event that there is a guarantee or promise to the wedding and which has been breached, the other individual can establish a civil case and claim damages.

In Rudresh v State of Karnataka (2014), the Court held that the breach of contract only institute a civil suit for damages and ought not to be considered as an offense.

 

 

Menka   12 June 2021

Still no reply from girls side regarding notice given by us 1 month before.

But we got call from police 2 days before for enquiry and in that time d police officer filed registered NCR mentioning section 506 and 34.

Pls suggest us is it ok now.

As party are demanding 2 lakh which is not fair as engagement is organised in house with with 25 person from boys side with no decoration and catering service.

 

 


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