Cancellation of marriage
Manoharan
(Querist) 11 August 2016
This query is : Resolved
Marriage of my relatives daughter is fixed during Sept 16 and engagement was conducted. Both the boy and girl were speaking to each other daily. Suddenly the girl has got diabetes and her family wants to be true to the boy's family and informed them. Immediately the boy and his mother have stopped the marriage, by which the girl's future is affected and they were very much vexed. It is not so easy to get her married.
Some Lawyers may kindly indicate the action to be taken on the boy.
Guest
(Expert) 11 August 2016
Actress Sonam Kapoor is also having diabetes
There is no provision in law for engagement so nothing can be done
Ms.Usha Kapoor
(Expert) 12 August 2016
Dear Client,
TELL YOUR FRIEND AND HIS DAUGHTER TRO FILE A CHEATING CASE UNDER CRIMINAL lAW SECTION 420 IPC FOR CHEATING ON MARRIAGE AFTER ENGAGEMENT. YOU can ALSO FILE breach OF PROMISE OF MARRIAGE CIVIL CASE FOR INJUNCTION AND DAMAGES TO RESTRAIN THE BOY FROM MARRYING any other girl other than YOUR FRIEND'S DAUGHTER AS PER HIS COMMITMENT TO MARRY HER DURING ENGAGEMENT.
Kumar Doab
(Expert) 12 August 2016
You have received response from various stances.
The girl or girl and her family have been upfront.
The boy or boy and his family are now reluctant.
They say Diabetes is not disease and hormonal imbalance and can be controlled and even get rid off by lifestyle modification and exercise and medication.
Why to marry a unwilling boy or a girl!
Try to settle the matter amicably and get all expenses settled.
There are people who won't mind Diabetes and rather look for good traits.
Rajendra K Goyal
(Expert) 12 August 2016
Though it was mistake of boys family, now in-spite of dragging unpleasant situation, try to find out another match.
adv.bharat @ PUNE
(Expert) 12 August 2016
You may approach a very able counsel specializing in service matters.
Dr J C Vashista
(Expert) 14 August 2016
The marriage proposal is yet to be finalised to solemnize/contracted. Hence no legal dispute is involved in this hypothetical query.
No case u/s 420 IPC or injunction is made out in the circumstances, as advised by expert Madhu, I differ.
Manoharan
(Querist) 14 August 2016
I could not understand the meaning given by Dr.J.C. Vashista that marriage proposal is yet to be finalized to solemnize/contracted.
Engagement was conducted and both boy and girl were standing on the stage and Purohithar performed religious ceremonies. More than 200 people were witnessed the same. By stopping the marriage, the girl's life is spoiled. Marriage is fixed and invitations issued. But on boy's side, they have stopped the marriage, stating that the girl has got diabetes.
Is it correct?
Dr J C Vashista
(Expert) 15 August 2016
@ Manoharan,
After engagement (as per circumstances explained by you) marriage of the boy and girl is yet to be fixed for "solemnization"if the couple is Hindu, otherwise, the marriage is to be finalised for getting it "contracted".
Regards
