Cancelled Marriage
Querist :
Anonymous
(Querist) 20 October 2009
This query is : Resolved
hi,
This relates to the cancelled engagement of my nephew. My nephew liked a girl and they were carrying on for some time. But he got engaged to another girl due to family pressures. Later on we came to know that the girl he got engaged to was not of a very good nature and marrying her would cause problems later on. So his parents decided to call off the engagement. However, the girls side people later on found out about my nephews affair with the other girl and are now threatening to file a case against him and his parents for cheating, i.e not disclosing the facts before the engagement. They are also threatening to defame them by publizing about their affair in the church and are blackmailing him just for nuisance value. They are not interested in continuing the marriage but just want to take revenge for cancelling the marriage.
My questions are:
Does the girls side have any legal recourse against my nephew?
Does my nephew have any legal recourse against them for blackmailing and harassing him and his family?
Please advise. Thank
n.k.sarin
(Expert) 20 October 2009
Mr. anonymous law is in favor of female. There is something wrong on the part of your nephew.your nephew is not serious about the said relation.girls side has full flash legal recourse against your nephew.the girl side can file a suit against your nephew and other family members for sexual harassment cheating and demanding dowry.your nephew has no legal recourse against them.
Sudharsan.m
(Expert) 20 October 2009
Regarding the 1st question, yes, they have legal remedy for breach of promise because of broken engagement and marriage if it were in front of public and if they have valid proof of engagement letter and marriage invitation card. But it can be compromised or defendable and it is purely Civil suit and there is no criminal activity involved in it and they cannot threten to give complaint against you in the police.
Regarding the 2nd question, yes, your nephew can file defamation suit for harrassing , if you have valid proof saying that the above said marriage broken for misconduct and bad remarks about the girl.
PJANARDHANA REDDY
(Expert) 20 October 2009
GENERALLY BRIDE SIDE GOT TOTAL DAMAGE DUE TO CANCELLATION OF MARRIAGE,HENCE BETTER TO DISCUSS WITH ELDERS OF BOTH SIDES AND COME FOR AMICABLE SETTLEMENT IN ANY FORM.
BUT CHANCES OF CRIMINAL CASE,IF MORE INFLUENCED EVEN POLICE INTERVENTION AS CHEATING,DOWRYHARRASMENT ETC.,
Sachin Bhatia
(Expert) 20 October 2009
1) Yes, they have legal remedy both in criminal & civil court for breach of promise against your nephew and his parents.
2) Yes your nephew can file a criminal complaint against them for blackmailing & harassing him and his family.
Kiran Kumar
(Expert) 20 October 2009
i do agree with Mr. Surdarshan.
so better try to compromise the matter with the other party in order to avoid legal complications.
Adinath@Avinash Patil
(Expert) 21 October 2009
BETTER TO DISCUSS THE MATTER WITH OTHER PARTY AND GET MATTER BE SETTLED BY COMPERMISE.OTHERWISE YOUR NEPHEW WILL HAVE TO FACE CRIMINAL COMPLAINTS.
J K Agrawal
(Expert) 21 October 2009
A person is not legally bound to disclose his previous affairs before engagement with another it is not an inherent condition for engagement that both should be version. But one specifically ask a question about previous affair and another one miss represents, it may come in definition of cheating punishable under s 417 of IPC.
If it is proved that at the time of engagement it self, the intention of one side was not to fulfillment the commitment, it is punishable under s 417 of IPC.
