legal..... (........) 29 December 2014

Legal consequences of breaking engagement

Respected Experts,

I am in love with a girl, she too loves me. We wanted to marry but her family members were not agree. I and my family waited for nearly two years. After that my family fixed my marriage to somewhere else. I also got engaged to this new girl one months back. engagement was a big function involving both families, video recording was also done. exchanges of gifts were also done. my father also received some money in cash from them.

Now the previous girl has convinced her family. I love the previous girl and wanted to marry her any how.

But I am engaged to this new girl, my family also wants to continue with current engagement because

1. They have taken some money during engagement and they will go to police if we breaks the current engagement. My father and I are in government service. So we fear to loose our job too as dowry charges are non-bailable.

2.And off course due to social pressure that will come to them if they breaks the current engagement.

My question is : What are the legal consequences, if we broke the current engagement?

What I think as the only solution is: Get married in court with previous girl to whom I love. With this marriage certificate as a proof, apply for anticipatory bail (for safety in case the family of other girl goes to police), then inform to my family and the family of other girl that I am married now.

I am ready to return the amount which other girl family paid to my father and their expenses that took place during engagement.

Please answer my question and give your valuable suggestions on my solution.

I am in deep trouble, wants to marry with girl to whom I love but do not want to create problem for my family too.

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6 Replies

Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India) 30 December 2014

Dear, No legal consequences of breaking engagement... So far as dowry part is concerned, its not being asked by you guys, whatever have been given by them are given for their daughter but not for you guys .... Kapil Chandna Adv 9899011450

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legal..... (........) 30 December 2014

Thanks Kapil Sir,

But if the family of other girl goes to police complaining we broke the engagement because of dowry. Since these charges are non-bailable, we may get arrested by police and due to that we may loose our job.

And what is the procedure for anticipatory bail? Will it be granted in my case?

Anil Upadhyay (Lawyer) 30 December 2014

Dear Legal,

Be prepared for the consequences, if the engagement is cancelled. Whether you have taken or not taken any dowry from them, but what you think after this act they will tell truth. Engagement was been performed in big ceremony and in front of society.

How will they face questions of society???

It will effect the life of girl also. You put yourself in their position and tell don't you lodge complaint for dowry?? They have all evidence i.e. video, photos, even people who attended ceremony.

I have seen such type of cases and girl's family files complaint and It will effect your family badly on both side financially and socially. Even you can get into litigation and may have effect on job if case goes adverse.

Please took decision with clear mind and after having deep discussion with family.

advocateanilupadhyay@yahoo.com

T. Kalaiselvan, Advocate (Advocate) 31 December 2014

Breaking the engagement or stopping the marriage even one day prior to the date is not at all illegal. There may be several reasons to do so, however you should be ready to return the articles and reimburse the expenses made and also tender an apology if you are the reasons for the break of engagement. This will solve the issue even if they approach the police.

srk (Service) 08 January 2015

Why did you get engaged to you fiance when you love someone else, no body knows how your fiance is going to react when she knows that you want to break the engagement, take your family out of this equation, you have created this mess and you have to solve it, does your fiance know that you had a loved?.

Think about social trauma both the families have to face. why would the family agree now if they have not accepted the relation for 2 years and all of a sudden they feel you are worthy only after you got engaged.

Talk to both the girls, may be you 3 can meet and discuss first and then take it to the family, she might say yes because she would not be happy if her husband is in love with someone else. if you dont try now all life you will be thinking about the same thing. All the best.

SRK