Settlement of marriage engagement cancellation
Bab
(Querist) 07 June 2014
This query is : Resolved
Dear Sir/Madam,
My marriage engagement had been cancelled before marriage after grand function in presence of ~200 relatives from both my and bride’s family by bride’s father due to horoscope mismatch. Bride’s family did the function. He clearly said the same to us through mediator, directly and SMS.
We all already informed greatly to all my relatives, friends and colleagues about my marriage before cancellation in society.
We have now engagement ring, photo album, vedios and bride’s father given some money to us for marriage expences.Bride’s father asking the same to us through mediator.
Then my family elder’s said them that to give written statement about cancellation engagement with reason by bride’s father and bride in presence of both families relatives to avoid problems in future and then only we will give the same expect some money as our dignity was spoiled(dignity damage) in society by their worst decision.
I would like to know that whether bride’s family has any right to file any case on us in police station regarding the same. If so, we are also planning to file a case against them about damage of dignity.
Pl provide your valuable suggestions.
Best regards,
ajay sethi
(Expert) 07 June 2014
1) send a letter to your inlaws by Regd post that you have been deeply saddened by their decision to cancel the marriage after engagement .
2) although said decision had hurt you and your family members you respect their decision .
3) mention the amount received from in laws at time of engagement . enclose copy of said demand draft
4) mention that said amount would be forwarded within period of 24 hours of their acceptance of said money in full and final settlement of their claims if any .
Devajyoti Barman
(Expert) 07 June 2014
If the marriage is cancelled on so flimsy ground and your expenses not compensated, you can file a civil suit for damages.
Bab
(Querist) 07 June 2014
Dear Mr.Sethi,
According to you, we have to give all to them even though they hurted us.is it justice in india?
Bab
(Querist) 07 June 2014
Dear Sirs,
My query is about that they(bride's family) have any right legally to file a case against us regarding the same.
Devajyoti Barman
(Expert) 07 June 2014
Anybody file any number of case against anyone.
Question is whether a tenable case lies against you or not and the answer is emphatic 'no'.
Bab
(Querist) 07 June 2014
Dear Sirs,
if they want to file a suit or complaint(anything),can they do the same in police station for immediate affect?I mean that is it possible to give a complaint in police station regarding the same instead of filing a suit in court.
Bab
(Querist) 07 June 2014
Dear Sirs,
If they will give complaint in police station regarding the same, can we also give complaint against them about total story.What will be the impact if our both families goes to police station instead of court?What kind of action will be taken by police about our both families?
Bab
(Querist) 07 June 2014
Dear Sirs,
We are the victims in this matter.If bride's family give any false complaint against us, what we have to do?How we can protect ourselfs in police station as laws are very favour to girls in india irrespective of actual situations.
malipeddi jaggarao
(Expert) 08 June 2014
Dear MR.Bab - it appears you are not coming with full facts.
No parents of the bride would like to cancel the marriage after engagement ceremony on the basis of horoscope mismatch. If they really believe in horoscope match, they would have verified at the time of fixing the match. It is only an excuse they are showing probably they do not wish to come out of real facts like the girl is not willing, or they came know the hidden facts from your side.
Normally under these circumstances, elders from both sides sit together and make reconciliation for cancellation of marriage by compensating the losses incurred by the parties.
You are concerned about prestige damage, you are bride-groom. You do not wish to return the money given.
They must have spent a lot of money (for that matter who also should have to some extent).
As expert MR.Barman explained, anybody can go to court, complaint to police including you. But whether you have any ground to win the case, whether the police can take up the mater for investigation - all depends on the facts of the case.
If your side clean, thank God, you have a missed a wrong match, otherwise you would suffer throughout the life.
If the marriage is cancelled on the basis of hidden facts from your side, better to have elderly reconciliation and return their money.
ajay sethi
(Expert) 08 June 2014
it is better to return the money received rather than running around courts if your in law file case against you and your family members . amicable settlement is best option .
ajay sethi
(Expert) 08 June 2014
engagement expenses were borne by the bride family
since marriage has been cancelled amount paid by bride family for marriage expenses should be returned .
Bab
(Querist) 08 June 2014
Dear sirs,
Bride and bride's father clearly said to us through mediator,sms and directly that they dropped marriage due to horoscope mismatch and their pandit said that if bride marry me, she will face lot of problems with me in future.It was really abnormal reason,then we requested him plenty of times through mediator,sms and directly that pl tell if you have any other problems and it was not good for me and also bride's future and dignity of both families in society as we both already informed about marriage to all.but always they replied that the only reason was horoscope mismatch.Then we also asked them that why you didn't see horoscope and stars matching before engagement.They replied that it was their mistake.and
Bride's father is not interested to complete cancellation formalities in presence of our both relatives.
Just he is asking that to give all the things to him through marriage broker.is it fair?
What we have to do?
Bab
(Querist) 08 June 2014
Dear Sirs,
We have photo album,vedios,ring and their wedding card with us.He is asking the same through marriage broker to give all the same to marriage broker.Then
we clearly said that we will give all the same to you but we will give in presence of our both close relatives including marriage broker who attended engagement ceromeny and we want written statement about cancellation in presence of our lawyer and we will not return the some aount(two lacks) as compansation for our damage of dignity.
But he is not at all interested to come with his relatives for discussion.
What we have to do?
ajay sethi
(Expert) 08 June 2014
we have already advised you to return all money and gifts received . obtain letter from your in laws that full amount has been received by them in full and final settlement .
Bab
(Querist) 08 June 2014
Dear Sethi sir,
Request you Pl don't misunderstand me.
If bride is in my position, have they also to do the same?
K.K.Ganguly
(Expert) 08 June 2014
1. You can not forfiet the bride's money for their cancelling the marriage,
2. If you do that, they can certainly go to Court to seek legal intervention,
3. Dignity or loss of it can not be measured with money for being forfieted.
Bab
(Querist) 08 June 2014
Dear sirs,
Return of two lacks is not at all matter to us.But where is the justice to us?
If we cancel marriage after grand engagement by saying horoscopes are not matching,hence we are dropping and give all our expenses back to us, bride's family will give the same to us with out any objection/justice?
K.K.Ganguly
(Expert) 08 June 2014
1. Taking money from the bride's father for marriage expenses it self may be termed as dowry hence illegal act unless the marriage is a joint function wherein expenses are equally shared by both the parties,
2. However, if the bride's father has done anytthing wrong, you have the option to take him to Court for causing financial damage to you and for causing social humiliation,
3. You can not take law unto your hand and fix his punishment by yourself by deducting some money from what you have taken from him towards your marriage expenses for his cancelling the marriage.
Bab
(Querist) 08 June 2014
ganguly sir,
you said well.but bride's father gave money for marriage expenses with his interest only as marriage formality in presence of our both relatives and we also offered gold(morethan 5 lacks) to bride as marriage formality with our interest and we also purchased gold for marriage to give it to bride.
malipeddi jaggarao
(Expert) 09 June 2014
You have only offered gold but not given to them.
You are not interested to return the money and wish to deduct Rs.2 lakhs. Do that at your own risk.
You have been posting several query as if they are your own problems. One person will not have many diverse problems. You are an advocate representing your client?
Bab
(Querist) 09 June 2014
No sir.i am a scientist.thanks to you all for your valuable suggetions.finaly I feel that its good for me to make settlement in court whatever it may be as bride`s family is not interested to make settlement in presence of our both relatives.
Once again thanks to all.
K.K.Ganguly
(Expert) 09 June 2014
1. It appears to me that you did not actually want experts suggestions,
2. What you wanted is to get your ill logic approved by the experts,
3. We have done our duty to advise you on law points stating that you are supposed to return the entire marriage expenses you have illegally collected from the bride's father after which you can take him to Court with appropeiate charges but can not act as a Judge and punish him by forfieting Rs.2 lakhs from the said returnable amount,
4. Decision is your choice.
Bab
(Querist) 09 June 2014
thank you all.I will give total expenses to bride's father whatever he wants and at the same time, i will file civil suit for damages of dignity on bride's family by providing all proper proofs to court for justice whatever it may be.
T. Kalaiselvan, Advocate
(Expert) 12 June 2014
Despite best advises by all the experts, you are still adamant in your own views, if that is so, you should not have approached this forum seeking advise to your query. You have decided what is to be done on it, why wait for experts replies, go ahead and face all the legal problems and spend your valuable time in the court and police station instead of looking forward to your career.
