Dear sir/madam,
This is my second post reg the same problem.I thank everybody who have answered my previous query.
Rajesh (SWE) 14 July 2012
Dear sir/madam,
This is my second post reg the same problem.I thank everybody who have answered my previous query.
Kundan Kr. Singh (Advocate) 14 July 2012
Mr.Rajesh they can file only complaint under Dowry prohibitation act--- nothingelse.
In india if any person wants to harass you they can adopt many ways---------and many favourable laws are here, collusion with money.
jatin aggarwal1987 (legal officer) 14 July 2012
Mr. Kundan Ku. Singh suggested u very good and clear consequences.
in my opinion this is still a promise to marry and which is void under sec. 26 of the indian contract act, 1872. but recentely the Hon'ble Supreme Court observed that promise to marry is also enforceable on the condition that it should be in writing whether simple written no particular writing is required.
in india any one can harras to any person because law is here but not HEAR.
Tajobsindia (Senior Partner ) 14 July 2012
@ Author,
See try to understand in below context the situation that you landed yourself into;
1. A women's chastity in
2. Our social fabric do not digest that after engagement a marriage can be broken, normally it rarely happens. Engagement gives way to 'expectations" in general that it will culminate into “wedding by two people involved” and sections of society will be called to bless the newly wed and so on so forth. Once that expected wedding does not happen then society prejudice is invincible and then flood gates of physical suffering, mental anguish, social humiliation, loss to once reputation moral damages and embarrassment suffered before ones relatives and friends causes irremediable damages to girl more than the boys in generic Indian society. That explains your second question doubts on prejudice society keeps when it comes to boy(s) calling of enggaement(s). Here forget about few Tomcats and few cases we heard from media about girls breaking enggaement and gets her false heroic acts listed in School Text Books.
Now if your facts are seen in neutral social eyes then yes they have a case against you / your side.
3. An aggrieved person can claim compensation or damages for breach of promise to marry. Once the existence of promise to marry is proved then its breach would certainly be actionable under S. 73 and 74 of the Indian Contract Act and not under S. 26 as one earlier replier wrote here.
4. Breach of promise involves an individual’s right to prosecute or make a claim against another individual who has reneged on a promise. Breach of promise to marry at best would also attract an offence of cheating under S. 415 of the Indian Penal Code. "For instance, if a boy who promises a girl to marry; breaks the promise, it is false representation If, at the time of giving such a promise, he did not intend getting married, then it would certainly amount to cheating”.
Solution now here is to say politely to them to take their 4 L with interest and leave you / your side to peace. His father's worry is well noted of now who will marry his daughter ? It all depends now how your side pleads to them. Take / send seasoned mediator feelers to diffuse the problem that is created now.
R Trivedi (advocate.dma@gmail.com) 15 July 2012
What do you mean you tried to adjust with the girl in many ways !! Before marriage ??
You checked yourself with the girl ??, Your father took Rs. 4.0 Lacs ??
What do you expect the girl and girl's father to do with you now ?? You are a chicky picky type character with no values, now when the girls' father rightly (method may be wrong) taking up the matter with you and your father then you are chickening out. RETURN THE MONEY, PROFUSELY APOLOGISE TO GIRL AND HER FATHER AND BE MORE PRUDENT IN FUTURE.
Ranee....... (NA) 15 July 2012
If that was not dowry what was that?
Rajesh (SWE) 15 July 2012
Thankyou all for your answers.
@ Ranee.......In our culture marriage is conducted by the girls side.As i am the only son to my parents they have requested their parents that they will conduct the marriage.For that they have deposited that amount.Further we have given gifts worth 1 lakh to the girl and booked a marriage hall with 1.5 lakhs.Normally as u seems to be an ideal person atleast sharing the marriage expenses by both will be ok or all the expenses should be borne by the boy only?I am not giving u the explanation.Am just want to know the legal consequenses.Ethically i have already suffered.Am ready to give back their money as well as any compensation they demands.I know money may not fill the damage.
But i want to know the sections under which i can be punished legally.Lawyers please let me know......
Regards,
Rajesh
DILSHAD BEGUM (HR) 12 June 2016
Dear Team,
The law in India is good. But corruption is very bad in police system. We had engagement break from both the parties but now they are demanding Rs 6lakhs and managed police framed a cheating 420 case. Police and political power .all 6 members of family are accused now. We took stay of arrest when applied for quash on FIR. Now police filed charge sheet and again harassing us on false case.
sameer 27 October 2016
Dear Sir,
I am Mohammad sameer, 2 months before i had engagement and now i had discussion with the girl family that i cannot proceed this engagement into marriage because i am not interested
in this relation further more due to my career.
And I had not taken any kind of money gift from the girl family.
Now they are telling that they will pull my leg into dowry case.
Please sir, tell me the offending way and they are also making pressure on me and they are demanding money for breaking engagement around 10 lakh.
RAJIV KUMAR 09 April 2017
Sir I engaged in January 2017 due to.my family pressure but I not want to go with that girl as my wife. Please suggest me what should I do to break my engagement as I am very much tensed. Please sir help me.
tonystark 11 September 2017
tonystark 11 September 2017