Cancelation of Engagement very urgent please
SATYANARAYANA K
(Querist) 07 February 2010
This query is : Resolved
Respected experts,
A is female & B is male Both are Hindus, Engagement was over between A & B, after engagement due to misunderstandings differences came A & B, now my query is B want to be cancel the engagement, but here A is rich family and high influenced persons in the society, A family threaten to the B family that if not perform the marriage between a & b, then a family members threaten as if not perform the marriage a is ready to suicide, but b has no interest to marry a, please suggest what is the B position, is B any liability to pay compensation as per law if cancel the engagement, is b have which remedies to escape from marriage please suggest sir, i am waiting for your valuable reply, if b not willing to marry is there any criminal liability on B please suggest, i am waiting for your valuable replies, thanking you sir
Devajyoti Barman
(Expert) 07 February 2010
Rest assured there is nothing to worry nor does it amount to any criminal act.
A contract of 'Betrothal' can not be specifically performed in view of Sec14(b) of Specific Relief Act.The appropriate remedy in such cases lies in an action for damages which are confined to losses and which are appreciated in money. Generally the aggrieved party is entitled to return of ornaments,clothes and other articles gifted by them u/s 65 , 73 of the Contract Act.
Sukhija
(Expert) 08 February 2010
Rightly said by Expert Barman.
bail for all call-9811443969
(Expert) 08 February 2010
this is not a contract of bethrothal as speak by Mr. Barman, as hindu marriage is not a contract like Muslim Marriage, where there is offer, acceptance and consideration.
in this case there is engagement done and breaking of engagement attract sec 406 (breach of trust) and also for defamation, they can also pulled for dowry related matter if they wish to do as the practise like this is going on, so legally the girl parents can claim only damages and defamation but they may go for Dowry Prohibition Act also for non performance of marriage.
