Cancelled marriage before engagement by phone call.
Querist :
Anonymous
(Querist) 30 December 2020
This query is : Resolved
I have cancelled my marriage before engagement by phone call. We have decided to marry each other before lockdown and after lockdown due to family misunderstanding, i have cancelled the marriage.
In this period, i havn't met her or spoke to her on phone. we just had a chat conversation and told her to do IT course.
On the next morning after informing them about the cancellation. They have come up with 40-50 people to beat me and my family. In addition, they have also damaged my house property and demanded for 10 lakhs Rupees.
At last, after the long debat, they have decided to take 3 lakhs Rupees as compensation as they are saying they have booked marriage hall and purchased cloths.
I lost my dignity and i am not able to digest this.
Please advice, what to do? Do i have to pay money to them or fight with them.
They are very dangerous and my house is nearer to their place.
If i have to pay, do i have to take any written statement as a proof.
Please give me suggestions. I am feeling helpless.
Isaac Gabriel
(Expert) 30 December 2020
If you settle the matter by.paying the amount demanded get it done by stamp paper with sureties.Better get the assisance of lawyer
Advocate Bhartesh goyal
(Expert) 30 December 2020
Don't pay them any amount, breaking of engagement is no offence in eye of law, they are black mailing you and your family.lodge FIR against them in regards to their unlawful act.
Guest
(Expert) 30 December 2020
The damages in an action for breach of marriage are not measured by any fixed standard and almost entirely a matter in the discretion of concerned Judge.
Querist :
Anonymous
(Querist) 30 December 2020
Thank you Issac and Bhartesh for the advice. They are not coming normally to talk, everytime they come with 40-50 members and shout in front of house and try to beat me. My family is worried lot. My father passed away, Me, my mother and i have two siblings. I don't have any support from my relatives. Even my relatives saying they will kill me. Is it okay, if I inform them that I wont pay any amount?
Politically, he is having very good support. He came with surrounding corporators and big shopping mall owners and complete his family members to fight for the money and beat me.
Please guide me. If I have to take written statement from them with surety, what i have to mention in the letter in stamp paper.
Sudhir Kumar, Advocate
(Expert) 31 December 2020
The engagement took place and marriage denied.
True?
So far you have not expressed no tangible reason. Only misunderstanding.
true?
Querist :
Anonymous
(Querist) 31 December 2020
Engagement is not done. Before lockdown, I saw her and accepted to marry. Due to some family misunderstandings, I have told to her uncle on phone that I am cancelling marriage on 9th November'2020. The mediator (the retired S.I) is calling for the money.
I don't understand what to do? They are calling now.
A. A. JOSE
(Expert) 31 December 2020
Better you either you consult a local lawyer or the Police Chief of your area and seek his help.
Rajendra K Goyal
(Expert) 31 December 2020
Legally they can not pressurize you.
If they have booked some destination, you may think for compromise / compensate. All depend on you.
Try to have amicable settlement to have mental peace.
Get CCTV installed to record all their mischiefs in future.
P. Venu
(Expert) 31 December 2020
It is solely within your discretion to be bold or to surrender. They are overawing only because you are unsure of yourself. Why you are counting the number when law is on your side?
Guest
(Expert) 31 December 2020
Quotes on Lawyering -- by Oona A. Hathaways ---" When the Law is on your Side , pound the Law.When the Facts on your Side , Pound the Facts. When neither is on your Side, Pound the Table ".
Sudhir Kumar, Advocate
(Expert) 31 December 2020
In this case (as appearing from facts given by your neither facts are on your side nor the law)
Given circumstances give justification for other side to raise tru/false allegation of dowry demand and you are doomed. You yourself are aware that the reasons for cancellation of marriage is "misunderstanding". You are not at al clear :-
1. who misunderstood
2. what misunderstood.
3. why misunderstood
4. what efforts made for clearing misunderstanding
5. who made these efforts
6. why efforts failed.
It is true that many persons will rightly advise you that "you cannot be compelled under any law to marry". They are right.
But that is not the only piece of law no earth.
Your life is not an experimental lab.
You have to bank upon a peaceful (non-provocative) approach. Given facts indicate that you have given sufficient provocation.
P. Venu
(Expert) 31 December 2020
"Your life is not an experimental lab"! It is my considered view that Law matures into Rule of Law if every citizen dares to render their life to be an experimental lab for Law, its Basic Concepts and Principles to be operationalised.
Rajendra K Goyal
(Expert) 01 January 2021
Good analysis of the situation by expert Sudhir Kumar.
Guest
(Expert) 01 January 2021
Once Certified by the Certifying Authority Rajendra K Goyal nothing else would be required.
Rajendra K Goyal
(Expert) 02 January 2021
आसाँ नहीं इंसाफ़ की ज़ंजीर हिलाना
दुनिया को जहाँगीर का दरबार न समझो
-अख़तर बस्तवी
Guest
(Expert) 03 January 2021
" Satyameva Jayate "
K Rajasekharan
(Expert) 03 January 2021
This is more a social issue than a legal one.
You have caused some social damage and probably some monetary damage as well, on them.
Your withdrawal from engagement after a decision to conduct one, on some “misunderstanding” might have damaged the pride, prestige and marriage-market-value of the girl.
It seems if the cause of withdrawal were a concrete one on their part you might have indicated it by some other specific word other than “family misunderstanding” in this forum.
If they have booked the hall and spent some money they are entitled to get it if the reason for disengagement is not because of some patent fault on their part.
Rajendra K Goyal
(Expert) 03 January 2021
Agree with expert K. Rajasekharan, the issue is more social than legal.
