Can we cancel a marriage before 2 weeks of commencement
Querist :
Anonymous
(Querist) 24 August 2023
This query is : Resolved
My wedding date is fixed in 1st week of September. This is my first marriage and I am getting married in my early 40s. While distributing cards, our relatives have informed us that bride's father and sister is suffering from a rare genetic disease and how come there is no proper verification from our side. Initially, I have tried to keep the blame on my side and tried to cancel the marriage. However, mediators were insisting me that I am wrong and I should marry her at any cost. I checked with various doctors and they all say that its not safe to get married without having proper medical tests. Chances are very high for the children to get affected in case the bride carry those positive genes in her like her father. So,I tried to explain the situation to the bride's family about the medical issue they are having. Bride's parents along with her are now emotionally blackmailing me to get this marriage done or they would commit suicide. I am not liking such threatening behavior from them and also worried that if I go ahead with such attitude, I might face many such threatening from her and parents. Though, I am not really happy with their mental torture, I am trying to convince them that if the reports are negative..we can move ahead but the date has to be changed as the reports would take 2-3 weeks.
I met the bride only once in person and spoke twice over the phone. They are blaming that I have cheated her. She was always spoke very less during those conversations and her way of talking shows some attitude. I thought it could be for 2 reasons. 1. Her broken engagement in the past. 2. She might be feeling shy.
Bride parents are insisting me to get married first on the wedding date and once the reports will come, then they are ready to get separated if its positive. I am not okay for getting separated or divorced for this reason and want to keep it before wedlock. Being at my early 40s , I am really feeling depressed the way they are threatening me with suicide attempt and also filing case against me. In such situation, what are my rights to cancel this marriage and protect myself from their threatens. Is it compulsory that I should get married to her.Please help. With this incident, I lost interest in getting married at all.
Sudhir Kumar, Advocate
(Expert) 24 August 2023
You have every right to cancel marriage before solmenisation. Thereafter only divorce reasons as per law will help which in given facts are not directly forthcoming.
However before taking such decision you need to have a solid evidence to refute the allegation of dowry demand which can land entire family in Jail.
Further as far as suicide is concerned. lease note that suicide at this stage attract abetment charge, However, once marriage is there and then there is suicide (within 7 years) then this is (i) presumed to be dowry death (ii) You have to prove innocence and prosecution does not have to prove offence. (iii) minimum punishment is 7 years maximum Life Imprisonment (for every one who is named by her family).
Querist :
Anonymous
(Querist) 24 August 2023
Thank you very much, Sir
T. Kalaiselvan, Advocate
(Expert) 24 August 2023
You can cancel the marriage proposal and break the engagement for the reasons you rely upon.
The marriage canot be thrust on you agaisnt your willingness.
Cancellation of the engagement is possible on valid grounds, and the aggrieved party is entitled to compensation and recovery of expenses incurred in the engagement ceremony. Be prepared to pay expenses and return all gifts received. Communicate clearly with the other party and their family.
kavksatyanarayana
(Expert) 24 August 2023
Yes. I agree with the views of the above experts.
SIVARAMAPRASAD KAPPAGANTU
(Expert) 25 August 2023
If a marriage is agreed upon where one of the parties wittingly or unwittingly hid certain vital information, which most probably, impact the married life and the children that are likely to be born, the aggrieved party, in the instant case yourself, can cancel the engagement. However, the reasons should not be mere allegations or hearsay but solid information which cannot be refuted.
If you are OK with the bride, with mutual agreement, her parents can be tested for any genetic diseases and if allegations are proved to be true, the engagement can be broken based on that and if proved wrong, you can go ahead with the marriage. However, this is possible provided the Bride's family cooperates.
Querist :
Anonymous
(Querist) 25 August 2023
Thank you very much, sir
P. Venu
(Expert) 29 August 2023
More than hearsay what is the source of information that the bride's family is suffering from the alleged 'rare' genetic disease? Has the bride's family conceded deficiency?
Querist :
Anonymous
(Querist) 29 August 2023
They agreed but not agreeing for test
P. Venu
(Expert) 30 August 2023
If they have "agreed', why they should agree to the testing? How this aspect relevant or decisive?
