If someone refuse to marry
hemant
(Querist) 18 May 2012
This query is : Resolved
hiiii please suggest early as possible.
one of my friend, 3 month ago they entered into a relation for arrange marriage but later the boy has refused to marry her, they have exchanged only some clothes between them and some shagun rupees.
only they talked with ph , they never meet between 3 months.
can a girl can file a suit against boy for refusing him, or in any other manner if it is possible.
Shonee Kapoor
(Expert) 18 May 2012
No, she can not file any suit.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
hemant
(Querist) 18 May 2012
thanks sir can she ask for the expenses which they have made for shagun or for clothes
Nadeem Qureshi
(Expert) 18 May 2012
Dear hemant
if there is no dwory demand she can not do anything against you legaly, she can be file many cases against you if her intention is bad (False Allegations)
Guest
(Expert) 18 May 2012
Something seems to have been concealed in your question.
Is there any reason for refusal to marry once the relationship for arranged marriage was formally agreed? If intention was not to marry the girl, why the proposal was accepted initially? It is not the simple question of exchange of clothes, rather a deep sense of humiliation and defamation to the girl and her parents is involved in declining the marriage proposal after agreeeing in principle. Even other people may have certain doubts and can avoid accepting marriage proposal with the girl once your friend refuses marrying her.
If she happens to see this page of question answer, to be frank, I would rather suggest her to claim huge damages for playing with the respect and honour of the girl and her parents on account of mindless refusal of your friend to marry her after accepting the proposal in principle.
SAINATH DEVALLA
(Expert) 19 May 2012
Mr.Dhingra is right,the querist is hiding the actual facts,only to find a way in this forum to escape from legal complications from the girl.
ashutosh mishra
(Expert) 19 May 2012
Where a contract is of a personal nature,such as one here in your friends'case
"a promise to marry"or one that may be a "promise to serve",then courts do not grant relief of SPECIFIC PERFORMANCE OF THE PROMISE.
BUT according to UBI JUS,IBI REMEDIUM,that is to say when there is a right,there is a remedy too.
Hence the injured party (the girl)can file suit as per her choice
a)a suit for rescission or
b)a suit for damages:where damages are actual (but subject to the maximum of amount pre determined by parties) depending upon the magnitude of loss suffered by injured party.
The court would first identify the losses
caused and then assess their monetary value.Section 73 of the Indian Contract Act would be the law to be followed in this regard where damages may be general,special,exemplary or vindictive(mental and emotional suffering).
Better you know what you have coughed out and what you have concealed.
In addition she can lodge FIR that refusal is due to non compliance of undue dowry after settlement and promise to marry.
hemant
(Querist) 19 May 2012
the reason for not marrying with that girl is , from girl's side they escaped some things which is unforgettable,like girl is not medically fit, she suffered from medical problem whole year.
Guest
(Expert) 19 May 2012
Mr. Hemant,
Your statement seems to be just an after thought to justify the refusal to marry.
Such matters should have been verified before accepting the proposal. What was the haste for yopur friend to say yes for the marriage with the girl and to her family to make expenditure on Roka or engagement, etc.?
Your friend is required to fulfill his commitment, as already agreed in priciple for marriage. Acceptance of marriage proposal and then decline seems to be a matter of joke for your friend. He should have the imagination, if such thing happens to his own sister, what he or his family would feel?
hemant
(Querist) 19 May 2012
dear sir i respect your opinion but from girl side they escaped the truth and she is doing her treatment for internally problem.they had not told to my friend earlier and may for the reason of this problem both can suffer in future for their child, this fault is made by girls side.
hemant
(Querist) 19 May 2012
and no expenditure is made by from girl's side for rokka and enagment just only one pair of clothes is shared between them
