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sankar c s (Senior Manager)     03 November 2014

Cancellation of marriage after engagement by girl

Kindly Guide me.

My son is working in abroad.  Marriage Engagement was conducted on 25 05 2014 at Chennai at my expenses as per our custom.   As per our custom I wished to conduct the engagement in a simple manner.  But due to pressure of the Girl's mother I have to spend nearly 2 lacs and conducted in a grand manner.

It seems, as informed by the Girl, she  was having affairs during her college days with a fellow student.  Subsequently she severed the connection .  Now she has an adviser boy of her age in her office whom she worship more than her parents.   She used to talk to my son for many hours and now she says he is not willing to marry him.

Her parents are reluctant to reimburse the expenditure and demands to sign cancellation agreement.

Can I have remedy ?

= sankarcs



Learning

 9 Replies

Anil Upadhyay (Lawyer)     03 November 2014

What actually you want or you have decided.. please elaborate it..

Anil Upadhyay (Lawyer)     03 November 2014

You want reimbursement or remedy for the harassment you are facing in society or want to settle matter amicably so that no further problem may arise..??

sankar c s (Senior Manager)     05 November 2014

Sir

I wish to get reimbursement  plus remedy for the harassment - compensation for damaging my

reputation in the society

Pl guide me

= sankarcs

Anil Upadhyay (Lawyer)     05 November 2014

Ok... Please mail me details of all the facts at advocateanilupadhyay@yahoo.com

CompelledToLearnLaw (Financial Examiner)     05 November 2014

Sankar, why r u treating relationships as business ventures? In ur mind, it seems, a net loss has occurred in the new business u had opened.

 

Trust me, ur son is saved. The two lakh spent is miniscule compared to what u would’ve spent if she became unfaithful after marriage: please read some of the 498a and DV Act threads here. Try ur best to make them pay u out of court. Do not get into litigation for 2 lakhs. U will not likely recover ur money through the justice system, I’m sorry to say, before ur death.

 

As adults, we should learn to accept that an unforeseeable expense does occur. If the expense is as little as some party-expense, it’s not worth it to get into another business venture via civil suit. The new business may also end up in a net loss.

 

They have a bigger weapon at their disposal than ur civil suit. Let me give u the location of their ammunition site:

https://wcd.nic.in/dowryprohibitionact.htm

CompelledToLearnLaw (Financial Examiner)     05 November 2014

Advocate Anil Upadhyay hinted for a ‘remedy for harassment.’ I think he’s suggesting criminal proceedings along with a civil suit. Sankar, u can file a criminal case against her parents, and in return, they will file a case against all 17 of ur family members living in 7 different countries. Sir, even Shri Ram Chandar ji did not have an arrow that could strike so many and so far. If they do not pay u out of court: just walk away.

SuperHero (Manager)     08 November 2014

My Views are as follows.....

You should have done your Home Work. Meaning back ground check and verification.

By engagement, half the marriage is done. As the girl has backed down.. It is good.. and see if possible to get half the money back..

Courts are also DELAY Centers..

There is a Saying - If 2 parties go to court at the end of the day both get bankrupted...

Say For E.g You go to court - you have to pay the attorney fees...then consecutive trials....

Attorney fees start from may be 5000 Rs/- and then add for every time.......

You have to defend...then they have to defend....then they will mention how many people had lunch or dinner during the engagement, what is the cost of each meal....

 

Another question where did you get 2 lakhs from, Is it White Money or Black Money...do you have all the receipts for the expenses you paid...

 

Then for your Son, nobody might come to give a Girl...because there is a pending case...

 

This may take few years... You have to spend your time, valuable energy, and discuss all the legal issues...

 

Thank God you didn't spend money for Marriage too as per your Customs..

 

The best way is to go through common people and settle the matter amicabbly.

 

The reason I say all this is...Some of them have gone through this and wasted time and Money.....and trying to educate people through this forum...spending our time too..

 

Money Lost..Nothing is Lost.

Health Lost..Something is Lost.

Time Lost...Everything is Lost...

Anil Upadhyay (Lawyer)     09 November 2014

My Learned Frnd CompelledToLearnLaw You are right, but I asked what remedy Mr Sankar wants even I mentioned amicable Settlement also.  Sometimes we took matter lightly but cannot judge the situation which is faced by the aggrieved person and it is the reason we ask for actual fact of the problem. Without facts we don't give any suggestion to anyone. In this case Mr. Sankar knows what he has faced or his son faced, but it is up to him to decide what he want.

Even I will suggest for amicable settlement.

sankar c s (Senior Manager)     10 November 2014

Sir

Let me narrate the issue as briefly as possible.
  My son is in Germany and Got a job in Feb 2014.  When I was searching alliance for my son during

I repeatedly told the other side that

1.  you can see my son in skype & talk to him.  Due to my financial condition I wished to celebrate Grahapravesam and engagement on the same day at the newly purchased flat / auditorium [No rental charges].


2. The girl's family agreed. I also told them that engageament in our community is normally celebrated with 10 to 15 people on each side.   But the Girl family repeatedly informed me of their group of nearly 100 people minimum.  They requested, repeatedly, to conduct engagement function in the city itself [flat is far away] as their relatives are elderly people and may not come to the flat .  Hence I was constrained [both physical and financial  as these two places are 40 KMs away] to celebrate the engagement function in the city
In that process I had to incur Rs.1.50 lacs additionally
being the rent for mandapam, decoration, tiffin and separate meals etc.

3.  We have not demanded anything from the girl's side.
No Dowry  No knowledge about jewels, silver. cloths, vessels etc.  We repeatedly told them that we need an affectionate family girl and good cultured, traditional family background  and require nothing having monetary values.   Employment of girl after marriage is also her choice.

They postponed the marriage to Jan 2015 against our wishes telling one reason or other reason.  On the day of our first visit to their house, the girl was weeping heavily .  We took it as the reason of her family affection.

4.  It seems the girl has informed my son of her previous love affair during college days .  I was informed that her parents allowed her to call my son daily and talked to him hours together affecting his focus on job.  My son shifted his job to another company.

5.  Misunderstanding developed.   Except the girl [initially by the boy]  all the members of both the familes are eager and wish to have this marriage happen.

6.  Now Girl's parents requested me to part away as they did not wish to proceed with the reluctant girl.

7.  Now I demanded  compensation of
           1.  the additional expenditure of Rs.1.50 laks to 2 las [flight charges] I had to incur
due their pressure

            2.  Re.1 or Rs.1,000, or Rs,10,000 or Rs.1.00 lac or more whatever amount they feel has to be donated to our family deity being the compnesation for the mental agony they have given to us.

8.  Being a parent they can take mental agony and suffer financially too,  due to their girl's actions/adamency  but they cannot expect the same from my side.

They are not willing to pay why not willing to make a request to reduce the amount.

Even now families of both sides maintaining good relation - No abusive words exchanged - Only tears and feelings were exchanged.

9.  Now I wish to go to court and make them to have the same type of sufferings and claim a compensation of Rs. 30 lacs or more [ both sides are upper middle class families ].

10.  I wish to teach them and people like them a lesson .

Kindly guide me.

= sankarcs
 


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