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Bhawana Slathia   25 March 2022

Breach of promise to marry

Can a boy be sued for not marrying the girl whom he had promised to marry even after their engagement because of some societal pressure.Is there any procedure in civil law to put a stay on that boy so that he can't marry anywhere else.


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 4 Replies

Palak batra   26 March 2022

Dear Querist,

 

There can be no action for breach of promise unless a contract to marry has been made. There are no formal requirements regarding the contract. It need not to be evidenced by writing and the law prescribes no particular form of words. A promise by one person to marry another is not binding unless and until that other also promises to marry the first person. Mutual promises to marry may be implied from the conduct of the parties. A declaration of intention to marry another made to a third person will not constitute a promise unless communicated to the other person on the authority of the person making the declaration. While it is not necessary that the mutual promises should be concurrent, both should be made within a reasonable time of one another. An action for breach of promise to marry may be taken by a man as well as a woman. In modern times there have been instances of successful actions by men.

 

Regards,

Palak

Shweta   28 March 2022

Hey Palak, 

Could you please elaborate? 

Thanks!

Palak batra   29 March 2022

Dear querist,

There can be no case for breach of promise until there has been a contract to marry. In terms of the contract, there are no specific requirements. It is not required to be documented in writing, and the law does not specify any particular wording. A pledge to marry one person is not legally binding unless and until the other person also agrees to marry the first. The partners' actions may be interpreted as mutual commitments to marry. A declaration of intent to marry made to a third party does not constitute a promise unless it is transmitted to the other party on the authority of the person making the declaration. While the reciprocal promises do not have to be made at the same time, they should be made within a reasonable amount of time of each other Both a man and a woman can file a lawsuit for breach of a marriage promise. There have been examples of males doing successful actions in modern times.

regards,

palak

P. Venu (Advocate)     14 April 2022

No, there could be no stay so that he caanot marry another. All that is possible is to seek damagea if there has been some loss, financially or otherwise.


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