Preeti Gupta (-) 02 September 2013

Fraud and dawry

· I got engaged on 11.11.12 which was fixed by both the families 5 months prior to the date of engagement. Date of my marriage was finalised as 17.01.2013. The boy with whom I got engaged is a chemical engineer in Ambhuja cements.
· In the engagement my family had spend around Rs.2,50,000/- to Rs.3,00,000/- including cash, gold, gifts and the arrangements of the engagement ceremony.
· After few days of my engagement I was diagnosed with breast cancer at Mo stage which is fully curable.
· My family informed my would be in laws and the boy about my disease and they were insured that there is no pressure on them for the marriage, if they want to back out from marriage they can.
· At that time my in laws showed that they are very supportive and with us in this difficult situation but they requested my father not to tell my relatives about my disease as we had many common relatives and they didn’t wanted to tell their relatives about my disease.
· The boy with whom I got engaged came to see me during my treatment and even meet my doctors to discuss about the details of treatment and its side effects.
· After knowing everything he assured that he still wants to marry and would like to marry as my treatment gets over.
· After few days we came to know through our common relatives that my would be in laws have spread the news of breakage of the engagement and told them that I was suffering from an incurable disease HIV.
· When my father contacted the boys father then he totally denied from spreading the news of HIV and told him he don’t want that his son should marry me.
· At that time as my treatment was going on so my family was busy. Now my treatment is over and my father contacted the boys father regarding socially breaking my engagement and thus returning the cash,gold and gifts etc. and as per our custom it has be done in front of our few relatives.
· Now, they are not ready for socially breaking my engagement and returning the cash, gold and gifts etc. Recently, we came to know through our relatives that they are searching bride for the boy with whom I was engaged and they have even gone to see a few girls for him.
· I want that first of all they should return the cash, gold and gifts etc. which was given by my family in the engagement and want to file a case of defaming my image in the society as they have spread the news of me getting effected by HIV.

Reply Follow

4 Replies

Tajobsindia (Senior Partner ) 02 September 2013

1. Ideally the gifts should be returned to you immediately without any delay on such unevenness.

2. Failing which rightfully a case of breach of promise stands trial in a criminal Court of law. A defamation case and civil damages case under Law of Torts also could be looked into as per advice of hired Advocate.

3. Here it is advised to call up common relatives including boys family to say above two and if it fails then hire an advocate found via reference and initiate para 2.

Saurabh..V (Law Consultant) 02 September 2013

@Author

My advice would be to take help from your common relatives. This case could be easily solved by way of video footage and photographs taken during your Engagement Ceremony.

If in case this doesn't work out for you, appropriate action has already been advised by my dear friend @Tajobsindia.

//peace

/Saurabh..V

(Guest)

The mediator of two families who had settled the marriage proposal prior to engagement should be called for returning your all articles in the presence of relatives who were present during engagement. If they not returns do as suggested by Tajob.They have done a breach of trust punishable u/s 406 and defamation case as they have defame your image socially by announcing you as HIV.