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atul (executive)     31 October 2014

Engaged but not want to marriage

i got engaged before 6 months but i dont want to marry that girl. now her parents threatening to file dowry case(on the basis of ceremony pics) if i dont marry even the girl said she will commit suicide if marrige called off. this is my whole sole decision, as my parents also wants me to marry that girl and now due to attitude of girls family they are forcing me to marry as i have younger sisted to marry and any such case may bring suffering to whole family. here i want to know can i do relationship seizure with my family to protect them as i doubt my father disown me as i am his only son and he loves me a lot. is a son disown his family? can it help to protect them against any such legal obligation. please suggest any other way out if available. please help. and yes all this conversation and threatening is in verbal means no evidence.


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 13 Replies

AS   31 October 2014

Hi,

if you dont want to marry then sit with your parents and explain them your problem.

if they finally wont agree then you are mature enough to decide.

I dont think they can file any dowry case , so relax ...but meet some good lawyer.

If you are in Delhi/NCR or Haryana , I can tell you good lawyer.

atul (executive)     31 October 2014

thanks AS, i lived in delhi but my family and girl' lived in Kanpur, UP. it will be great help if you tell some good lawyer. can i also move for anticipatory bail?

AS   31 October 2014

Hi Atul,

Check your PM .....

CompelledToLearnLaw (Financial Examiner)     31 October 2014

Atul, u don’t want this family to be ur future relatives. They r already threatning cases. Time to cut ur losses. Can u say ta-ta?

 

Record their threats. Keep recordings on the original media. For example: keep it in the same file it is recorded at in ur cell phone; do not remove the file from the phone.

 

The cases they can file: DP3, DP4.

Reference:

https://wcd.nic.in/dowryprohibitionact.htm

 

Even if they file, you’re not gonna get convicted in the end. These laws r just a part of a long list of Indian laws used to harass people and to decrease tourism to India. Better deal with these now, rather than later when u have kids and when she can also file a maintenance case, 498a, DV case, 304B. Although I wish I was charged with 304B.

 

Brother, she has DP3 and DP4 at her disposal. You have the whole IPC at ur disposal. Indian Police and district level judges can be bought and paid for. If they try to nail u with dowry sections, u cherry pick IPC sections and fire at ur will. It’s very easy to file a case in India if u can spend money. Try to understand our great country. Police and judges think that allegations without evidence are enough to start trials. The system is funny.

 

About bail. Delhi district and high court should have no jurisdiction over a case filed in UP: u should get in touch with a lawyer who has a good practice in UP. In UP, I think, only stay on arrest is granted which expires with the filing of charge sheet. It’s granted by HC. Not lower courts. Although, I have run into some people on the internet who got interim-bail which expires after a few months. I guess u can extend it. Warning: my knowledge is not up to date: I hope anticipatory bail is back in UP or is coming soon. But I doubt it. Because why would they reduce tools for harassing people?

 

And about disowning: brother, contrary to the idiotic advice of some people, do not let ur parents disown u. EVER. Otherwise u will be fighting ur own siblings over ur property rights. And NEVER NEVER transfer any property over to ur family members. These would be very stupid moves.

K.K.Ganguly (Advocate)     31 October 2014

1. If you do not want to marry for your personal reason then why did you agree to get engaged,

 

2. Do you not think that your unilaterally not agreeing to marry after getting engaged will enormously defame her & her family without any reported fault on their part? 

 

3. They will have a strong ground if they file a dowry demand case against you in the above circumstances,

atul (executive)     31 October 2014

Ganguly sir, basically i just met the girl twice once when my family went their home to see the girl and second time on the engagement day. i have talked the girl after one week of engagement. in our talking nearly 15 times i came to know that there is no compatibility b/w both of us. i am a maths post graduate and she had done m.a. in home science i know this already in the process but on our talking i acme to know our thinking are on totally different horizons. and secondly i think if due to the social pressure or to safe the girl from defaming issue i marry the girl and marriage dosent work the i think divorce will be not only much worse for the girls future and fame but due to such attitude of girls family it will be disastrous for my family too.

AS   31 October 2014

1. If you do not want to marry for your personal reason then why did you agree to get engaged,

Well lets say if girl say that i dont want to marry this guy then what will be your stand respected Sir KK.

As per law he has right to break marriage or engagement. If tomorrow that girl due to uncompatibility need divorce and we all know mostly such girls cook false 498a, DV and 125 + 376 , then who will be responsible.

2. Do you not think that your unilaterally not agreeing to marry after getting engaged will enormously defame her & her family without any reported fault on their part?

Well how come they will get defame , comeon Todays girls smoke and drink in public and that is there right as per Law , then how come defame just for breaking of ENGAGEMENT OR MARRIAGE.

 

3. They will have a strong ground if they file a dowry demand case against you in the above circumstances,

Yes , He will fight if they will file case , but dobt you think same girl will file case after10 years ,and he need to face more problems that time.

Dude - i respect your decision , also given you lawyer number who is honest and practical person.

Dont marry f you dont want to marry under any pressure , fear or emotions.


 

rising up again (FFF)     31 October 2014

atul, 

 

Trouble is coming your way.....BUT not marrying her will be easier...!!! if u get married to her....then u die every day and find your self in much troubles.....your entire life.. 

 

HENCE, no matter what....gather courage, make seniors of your and her family and sort this amicably. record all conversations over phone....and meetings where you can prove that they threatening to put false cases on you. 

 

ALSO, give your entire family - yourself and parents, a smart phone wid android. Install call recording apps which saves all calls in your mobile. Let ur parents talk to them...and they over phone pressurize you to get married her else, they will put cases on you. If you have taken dowry, you have done a wrong deal.....but atleast these recordings will help u put pressure on them and sort this problem outside court. Give their money / dowry back, apologize and get out of all this. 

fighter (Software professional)     01 November 2014

Dear friend,

Don't do this marriage,otherwise you will dig your own grave.Just do one thing.You live in delhi.Your parents live in kanpur.just switch off phone for some day.Your parents will automatically call off the marriage.Don't ever heard of parents.Our parents are of older mantality they don't know the reality of modern era.They will not file any case.Don't do marriage for sake of parents or society.

CompelledToLearnLaw (Financial Examiner)     01 November 2014

U see, human beings have a dog’s instinct when it comes to fighting. If u r defensive, the dog will not rest until u r bitten. The only cure is to make a fist and lay a strong punch on the dog’s face. The dog will walk away from u. Gandhi’s philosophy of ‘turning the other cheek’ is a childish idea, a fantasy.

 

Do not waste years fighting the cases they might file. Throw counter cases on them if they file any case on u:

Pay the police and file an FIR that the girl’s family came and threatened to kill u, tried to kill u, robbed the gold ur family was wearing, robbed electronic devices, and cash: IPC Sec 34, 35, 120B, 307, 324, 327, 392, 393, 394, 395, 397, 398, 399, 402, 506, I can keep on adding but ur lawyer will guide u what other sections can be attached here.

Pay the doctor to make a report that, suffering from beatings, u were admitted overnight in the hospital.

Produce false witnesses: ur family members.

Take pictures of urself with benign bruises.

Pay the Magistrate through his/her reader.

 

If the girl’s family still do not get the cases against u quashed:

Pay the police A LOT and file an FIR that the girl’s family came and raped one of ur family members, robbed the gold ur family was wearing, robbed electronic devices, and cash: IPC Sec 34, 35, 120B, 324, 327, 354, 355, 376(2)G, 377, 392, 393, 394, 395, 397, 398, 399, 402, 506, I can keep on adding but ur lawyer will guide u what other sections can be attached here.

Due to the medical report requirement: the chosen victim should be a young married girl of ur family who is sharing blankets with her husband.

Pay the doctor A LOT to make a favourable report that she suffered from beatings and also the report should say that some form of s*xual intercourse took place.

Take pictures of her with benign bruises.

Produce false witnesses: ur family members.

Pay the Magistrate through his/her reader.

 

If the girl’s family still do not get the cases against u quashed:

Keep on cherry picking the IPC sections. When, due to India’s incompetent justice system, the opponent brings a gun to a knife fight, u need to buy bigger guns. This is the best solution. Let the state machinery work against them. Let them secure bails. Let them suffer from lawyers’ fees, Police, court costs, loss of income, loss of productivity, deterioration of health etc. 

CompelledToLearnLaw (Financial Examiner)     02 November 2014

I just want to make a correction of my earlier comment here:

I wrote, “u r not gonna get convicted.”

I should have written, “convictions r rare in false dowry cases.”(If the case is handled properly)

T. Kalaiselvan, Advocate (Advocate)     04 November 2014

@Querist:  There may be lot of reasons for breaking the engagement for marriage and cannot be discussed in a public forum like this. However, if you have decided to not to marry her and break away the ties once for all, nobody can force you to go against.  Being a major by age, you have full rights and liberty to choose your life and decide about your  marriage.  No body can force you to marry her including the law against your wishes.  If the girl's father or others threaten you to file  false dowry harassment cases against you, ask them to proceed because once you have already decided to break the engagement, there is no question of dowry demand at all.  The matter can be challenged in the court properly with the help of a prudent lawyer to defend you.  You should not  budge to any external pressure including the suicidal threats of the girl.  If at all she want to  commit suicide, nobody can stop her from doing so at a later stage when there arises a small dispute also suppose you have married her out of compulsions, that time the repercussions will be more serious.  You do not have to take steps to renounce your relationship with your own family or deciding about snapping the ties with your parents.  This is not going to help your parents to proceed with your sister's marriage proposal, because ultimately the feared spoiling of family name has happened.  So be it and you stand firm on your decision, if it is right.

SuperHero (Manager)     08 November 2014

 

The Moment the person says suicide...so HE/SHE doesn't respect life at all... Don't attend to all this emotional drama...

 

People are not matured enough...As some one suggested...switch off your phone and make sure some of your friends are in contact with your family members.. so that they are safe...

 

Or Just transfer your job to some other part of the world....

 

But always give a well thought...think about it.. Pray to God....

 

Have Patience, Tolerance and HOPE....


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