Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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vipra (enginer)     30 January 2009

wedding called off, legal implications

Dear All..

2 Months back i got engaged in front of 200 peoples and after that, i didnt feel comfortable with girl atitude, hence i decided to cancel the marriage. My parents have just communicated to her parents, that marriage may not happen. As i am not finding any comfortness. marriage was schedled in june 2009

Please advice, whether girls parents can take any action against us or they can file any false dowry case. Whether girls parents normally does, during this circumstance to disturb groom family

If so please tell, how to protect us. We are in tamilnadu state and they are in andrapradesh.

If they complaint to police, my family will be arrested, in this circumstance



Learning

 22 Replies

sanjeev murthy desai (Advocate)     30 January 2009

Our Lrnd frnd Mr Palnitkar already answered 

vipra (enginer)     30 January 2009

This is was reply from an expert


"They can file suit for damages and may be a case of cheating depending upon other facts. If you have not taken any dowry, you need not bother even if they file a false case. Because you will also have witnesses to say that you have not taken dowry. If you apprehend any criminal action, you have to apply for anticipatory bail. "


VIPRA Respone as below


There was no disucssion about moneydowry between families.


as per our religious customary, engagement expenses shall be borne by bride side. Since Engagement has taken place in my home town, tamil nadu, we have spend everything including their hotel bills, but at the end girl father has given a cheque to my father for that expenses, it was less than 50k....this is only engagment expenses not dowry....but now if they want, they can project this as dowry..


with the above evidance whether they can log compliant in police station to attrest my family. whether its possible. since i am in abroad i am worried. their engagement expenses are nothing, i can return it. but i dont want my parents to struggle because of this


Girl side is from andra pradesh and we are from tamilnadu. For any legal action they can take from andrapradesh or they need to do from tamil nadu.


With a false complaint in police station stating above reasons, whether police can attrest my family. if so, what measures i need to take, please help

sanjeev murthy desai (Advocate)     31 January 2009

Dear Vipra,


Firstly You specify what the (not comfortable) reason refuse to her.


In my view amicably settlement is good way to solve this problem. Otherwise they have to chance to file a complaint against you and your parents. They have right to take legal action from Tamilunadu and Andrapradesh also


Commonly they can not do this because they dont want play with their daughter life.


You also dont do this again


 


 


 

Rajesh Kumar (Advocate)     31 January 2009

Reason for not feeling comfortable! A person can feel uncomfortable even without any reason. It is a matter to right of any individual to feel comfortable on not feel comfortable.


We go to a place and may not feel comfortable. It can happen even if thousands of persons are feeling comfortable there. We feel comfotable with some persons, and make friends. We dont feel comfortable with some persons and avoid them. There may not be any reason for feeling comfortable or otherwise.


If he is not feeling comfortable, even without any reason he has a right to call off marriage. Off course, false cases can be filed against him. It could have been filed even if he felt uncomfortable after marriage.


Never fear false cases. They can only harass you, and in the process they will themselve be harassed. If they file case of cheating or anything against you, you too file cases. Tit for tat. That is justice.

vipra (enginer)     31 January 2009

the reason for rejection is..she has very high short temper; moody, jeolous, adament & impatient.....not a likable personsality for me & it will not suit my family also

N.K.Assumi (Advocate)     31 January 2009

Rajesh Kumarji, has well said. If the couple are not compitable why should any one forced them to get married? Prevention is better than cure.

sanjeev murthy desai (Advocate)     02 February 2009

Dear Rajesh Sir,


I Agree with you.


We are  living in traditional and rural culture and customs. Engagement is like a  marriage in hindus. Hindu marriages are not a contracts so there is no damage from cancelling of marriages by one from the reason of uncomfortable.


perticularly cancelling marriage is not an offence unde IPC.


In such cases, just i want to find out that any legal remeady he has through his feeling uncomfortable like  any other affairs, relationship with others.  Thease reason are comfortable to contesting by him.


We doing something for our comfortable life that create an any uncomfortable harm to the others accepting it? prevention may be create full life damage (IPC 306)  for others is acceptable?


 

vipra (enginer)     02 February 2009

Dear Sanjeev


I didnt get you, what u wanted to say...


however, I just realized,why our ancestor gave some time frame between engagement and marriage; it is to understand each other better and to make sure that couples can live together for long with love and respect to eachother. If couples find difficult to move, then its wise to callof marriage. No point in thinking what relatives will think or talk.


Life is one, i prefer to live comfortably and with out regrets, so calling marriageof is no sin. 


Lesson learnt is, i should have communicated well before engagement 

sanjeev murthy desai (Advocate)     02 February 2009

Dear Vipra,


I understinding  what you have feelings, so you have much time. In my legal view you have options as follows


1. You should talk  with her and her family and they will be agree and convince for cancellation of marriage, because it is also her future life question and  amicably settelement is good solution  better then other ways.


2. If they will make false complaint against you and your  family, You have to get anticipatary bail and then you shall contest the case.


3     You can also have the right to file a complaint in jurisdictional police station against them for mentally harrasing and motivating for unwanted marriage after the cancellation of marriage. Choice is yours


sanjeev desai


 

Kiran Kumar (Lawyer)     02 February 2009

so conculsively amicable settlement is the best way to put an end to the relationship.


otherwise Mr. Desai has enumerated enough legal remedies for u.


keep one thing in mind that pursuance of legal action will be a disturbance to them as well.

vipra (enginer)     02 February 2009

Dear desai


Thanks for your advice. I am working abroad (not in india);


Whether i should ask my parents to take anticipatory bail to protect themselves


Why i am worried is, girl side are very rich poeples than us. I convinced her parents by sending mail, that we both will not be comfortable with each other after marriage. he didnt say anything to that 

vipra (enginer)     05 February 2009

Dears,


Now my marriage is called off, from both the sides. Now girls father is asking me to bear the engagement expenses fully. Should i repay the full amount.


Reason for rejecting the girl was: she has slight psychic behaviour. I have not told this to girls father. Should i say this to keep him quiet.


Please advice how to handle girls father. As we have also spend money for engagement


(Guest)

I am really annoyed sir, really.  A person who is living abroad and putting blame after blame on innocent gir, breaking the engagment on false grounds and not understanding Indian culture and now at the end saying how to save money and how not to pay engagment expenses to bride's family.  Can he guess, how much difficult it is for that innocent girl to get a match again.  Where his and his family's brains gone before the engagement.  These people are greedy to the hilt.  My dear friends, think about her as your own sister.  It is only his allegation that she is adamant, arrogant, slightly psychic. Hundreds and thousands of excuses to cover up his sin and catch a fatty andjuicy party.  As the relationship has been snapped before the marriage and after the  engagement, I really congratulate that girl and wish the best wishes in her future marriage as she has come out of evil matrimonial future with this prospective bridegroom.  


One of my friends said above, that the time gap between engagement and marriage is for understanding each other and engagement can be cancelled.  Sorry sir, it is  for preparation of marriage.  In India, especially in South India, engagement is itself a marriage and breaking marriage after the engagement is not only breaking the bride's life and dreams ruthlessly but also the honour of the entire family. 


I hope, the boy will not do this again with any other girl in future.


Prabhakar 

PALNITKAR V.V. (Lawyer)     10 February 2009

I have gone through all the comments. Initially Vipra did not say anything about payment of money or expenses etc. Hence, a clear reply was not possible. But I had generally stated what could be the implications. Mr. Desai has given elaborate reply. What Mr. Prabhakar says can not be ignored. It is always better that you should repay the expenses incurred by the father of the girl. The whole issue relating to marriage becomes complex if it is broken. While the boys can get married easily to another girl, it is difficult for the girl to find another boy. One can't ignore this fact.


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