• Engagement breakup

Hi Recently I was engaged with a girl after my breakup with my ex , But My ex.returned back in my life and Asked me to come back as my heart was not allowing me to marry the girl to whom I was engaged I took advise of my colleagues they said if Ur not willing to marry her then break the engagement by discussion with the girl and her family , So I done same I gave them reason why I can't marry her and why it is better for both of us not to move ahead Everyone accepted and engagement was called off and we agreed to exchange engagement ring whenever possible , but suddenly after 2 days Girl called me and my family and said we have spent on bookings for marriage so now no one is giving advance back so transact all amount in my account or else I will do police complain then after sometime she again called and said what u have planned this time I started recording Call then I said ok no problem I will pay the amount tell me what all amount u have paid in advance for booking hall , car , band etc. She said not much 1.5lac I said ok send.me bills I will pay u back she started yelling I will not send any bills this much we have spent I need u to deposit 1.5lac in my account I said you cannot blackmail like this . Then she started if you will not pay I will go to women cell and say boy wanted to meet me in hotel room alone etc. Which I never went then I also said you also pay my expenses occured on u and on my Travelling to meet u and Lunch and dinner expenses which occurred on my credit card and I'm ready to pay it expenses occured for marriage preparation subject to submission of bills . But now she is everytime threatening me of.legal action on me if I failed to deposit asked amount of 1.5lac without bills to her 
What should I do?
Asked 7 years ago in Family Law
Religion: Hindu

26 answers received in 1 day.

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32 Answers

Do not worry, gather evidences properly and lodge a general diary detailing facts and send it to police by speed post seeking general diary number. Just because you did not want to marry as mentality did not match higher court has stated in a judgement that its a usual practise by woman these days.

Aveek Bose
Advocate, Kolkata
1222 Answers
9 Consultations

1) you should be willing to reimburse expenses incurred by girl side for engagement

2) girl should provide supporting bills for alleged expenses incurred by her family towards booking , engagement ceremony etc

3) file police complaint against girl for criminal intimidation , extortion under section 384 , 506 of IPC

4) in the event girl files false police complaint apply for any obtain bail from court

Ajay Sethi
Advocate, Mumbai
97279 Answers
7856 Consultations

1) block her calls

2) block her on facebook etc

3) send email to girl to produce supporting bills for alleged expenses incurred by her

Ajay Sethi
Advocate, Mumbai
97279 Answers
7856 Consultations

1. Make a police complaint against her for money extortion.

Niranjan
Advocate, Bangalore
844 Answers
9 Consultations

Hi, you keep recording her changing statements and threats and in the meantime, submit complaints (informatory applications) to police authorities as well as SDM of your area regarding the blackmailing, extortion etc. being carried out by her and her family. This will save you in case she files complaints in future.

Ganesh Singh
Advocate, New Delhi
6769 Answers
16 Consultations

She is blackmailing you for money. Whatever legitimate expenses the family of girl has incurred you can pay them by verifying to your satisfaction. You have to file a complaint with nearest police station for all the incidents of such threatening and emotional blackmail. Also attach the messages,calls etc you have to prove the same in your complaint or mention the same in your compliant that you can produce the evidence at appropriate stage in Investigation. If you don't file the complaint and she files any false case it will be very difficult for you to prove your case. In anticipatory bail application if any this compliant will help you a lot.

Prashant Nayak
Advocate, Mumbai
32699 Answers
208 Consultations

First of all you should know that breakup of engagement is only breach of trust and this is not a crime basically. So you are not bind to pay her any amount but if she file a case against you then she can demand a compensation and court will decide that amount of compensation and after court order you will have to pay that amount.

But these all will done if she has strong evidence that she or her father has real loss by breaking this engagement. If she will go to women cell then she will not get any help from them coz it's not a matter of harassment or domestic violence etc. Now you should ask her for a lower amount and if she does't agree then you should ready for a court case. This is not a big deal. Thanks

Ishan Sid
Advocate, New Delhi
10 Answers
2 Consultations

1. Though cancelling of marriage engagement in itself not a crime but the girl party often takes advantage of it by raising of false accusation of dowry harassment.

2.Moreover the defaulter party while calling of the engagement will have to make good the loss to the other party.

3.if you think the amount they are seeking is reasonable you can consider paying the same.

4.if not then send them a written notice with a copy to the local police station expressing your willingness to compensate their loss on production of any tangible proof of expenses they incurred.

That should take care of the dispute if any occurs in future.

Devajyoti Barman
Advocate, Kolkata
23290 Answers
519 Consultations

1. Unless they send you the bills of booking and lodging you should not pay them.

2. If a FIR is lodged then apply for anticipatory bail .

3. Send an advance intimation to the jurisdictional police station about her threats so that it creates a defence for you.

Ashish Davessar
Advocate, Jaipur
30780 Answers
973 Consultations

Dear friend,

1. Nothing to worry. it is a social celebration. You have done nothing.

2. If she wish to go to police station then let her go, her life will be ruined because not body will marry her in future.

3. At the most you will be liable to pay the expenses, pleas see the following judgment.

=============================================================================

Refund cost if you call off engagement, says SC

After three years of litigation, a Delhi man's family realised on Friday that breaking a marriage alliance after enjoying the engagement party made them liable to reimburse the cost.

In 2012, a government doctor finalized the marriage of his son, who was in the real estate business, with a girl from Thane in Maharashtra. The 'roka' (engagement ceremony) took place in Delhi on June 8, 2012. The girl's parents spent lavishly in entertaining the prospective groom's family and friends.

But the boy's family later called off the alliance claiming that the girl's family had suppressed facts about her. Infuriated by the turn of events, the girl's parents filed a case under Section 420 (cheating) of IPC against the boy and his father in Thane.

The father and son sought anticipatory bail from a Thane court, which after mediation proceedings asked them to pay Rs 1.50 lakh to the girl's parents towards the expenses they incurred on the ceremony. The boy's family claimed they had spent Rs 4.50 lakh for the ceremony. But the trial court asked them to compensate the girl's family.

The boy's family paid up but the girl's family did not withdraw the case. The boy moved the Bombay HC seeking quashing of the case. The HC refused, saying a case of cheating was made out.

Appearing for the boy's family in the SC, senior advocate Rana Mukherjee told a bench of Justices J S Khehar and Arun Mishra that once the girl's family was compensated for their expenses, there was no question of any cheating in the matter, which was a case of a prospective matrimonial alliance going sour.

Kishan Dutt Kalaskar
Advocate, Bangalore
6193 Answers
491 Consultations

Firstly, just take a deep breath no need do worry.

Secondly, you go ahead and make complain to the police as soon as possible disclosing all the things including the fact of recording, and also that you are ready to pay if bills drawn on you and make sure you Enquiry also about it as it is not so heavy task to get fake bills.

Rest you can follow me for further assistance.

Sanjay Baniwal
Advocate, South Delhi
5477 Answers
13 Consultations

Dear Sir

There is no offence which she can prove.  She can certainly file complaint with Women Cell on false pretex but no offence however is made out here. Since you not married no matrimonial laws are applicable here. At the most she can file complaint of cheating but it has also no legs to stand. She is just trying to blackmail you.  In any event if she goes on and file a Complaint, then you have remedy to file quashing in the High Court of your State and get stay on FIR.  If she continue to call and harass you then you can file a complaint against for black mail

Regards

Vivek N Mapara

Vivek Mapara
Advocate, Ahmedabad
28 Answers
4 Consultations

You can do 2 things.

1.try to meet the other party and offer him a final amount if they agree.

2. Move an application to nearest police station then ask them to make a compromise, I assure you it wil be s good step .

Atul Shahi
Advocate, Allahabad
160 Answers
1 Consultation

You are bound to compensate them in lieu of the expenses incurred by them on the marriage, for you are the one who has called it off.

Thus, it is advises that you amicably resolve this and after a peaceful discussion and compromise, compensate them in lieu of the expenditures incurred by them which suffered a setback.

Vibhanshu Srivastava
Advocate, Lucknow
9672 Answers
310 Consultations

You are advised to negotiate with them peacefully, and arrive at a settlement as regards to the amount which needs to be paid to them.

Vibhanshu Srivastava
Advocate, Lucknow
9672 Answers
310 Consultations

1.5 lakh is a mere amount as compared to peace in life, if it seems heavy to you then try to settle her for some less amount showing your inability to pay but i strongly advise you to keep away from police. though you have recording with you which can prove you right but you can be indulged in some other way, better to bypass the matter making payment, however, try to negotiate the amount showing your inability or any other ground.

for further info contact me.

Suneel Moudgil
Advocate, Panipat
2382 Answers
6 Consultations

Hello,

If you think that she is blackmailing you then you can file a complaint against her and her family members for extorting money from you.

Anilesh Tewari
Advocate, New Delhi
18090 Answers
377 Consultations

Also if you can bear such calls then ignore their calls and do nothing.

In such cases usually no case in filed by the party and they eventually settle for whatever amount your are paying and if at all they approach the police then you have good case to defend.

Send them a mail or text message saying that please share the bill of expenditure and you are ready to pay back the amount so incurred, that way you will have t a good prove in your hand.

Regards

Anilesh Tewari
Advocate, New Delhi
18090 Answers
377 Consultations

Your ex came back cannot be a reason to get rid of the one whom you engaged.

Her dignity would have been lost before others in the society and relatives.

Therefore, settle the matter amicably by talking to elders.

Rajaganapathy Ganesan
Advocate, Chennai
2229 Answers
8 Consultations

1) you cannot be marry against your wishes

2) if you are not compatible you are at liberty to call off your engagement

3) ask your parents to talk to girl parents and arrive at mutually acceptable figure

4) ask them to give in writing that x amount has been received in full and final settlement

Ajay Sethi
Advocate, Mumbai
97279 Answers
7856 Consultations

That's why I am asking you to move application before nearest police station and to ssp. So that first legal action will be from your side. In order to be on better footing.

Atul Shahi
Advocate, Allahabad
160 Answers
1 Consultation

I totally understand the situation that you are in and therefore I asked you to drop them a e-mail/ text message saying that you are willing to pay.

They do not have a strong case if you are willing to pay as per actual.

Regards

Anilesh Tewari
Advocate, New Delhi
18090 Answers
377 Consultations

You don’t have to pay any random amount to her. It’s not a big deal as i said before. It’s only breach of trust and here is only legal remedy wich will be decided by court. Women cell will do nothing in this case. I think u r takin this much seriously, so don’t take it most serious. Now talk with her and her parents and give him an offer which u want if they agree then right and if they refuse then they can file a case only and court will decide an amount if they proof loss by breach of trust. And amount will not be higher like this. And may be court dismiss this case without any order as u said there was nothing big expense in engagement. So now feel free.

Ishan Sid
Advocate, New Delhi
10 Answers
2 Consultations

As she said i will complain in women cell and say boy want meet me in hotel, it will be denied due to lack of avidence and also this is not a crime. Main point us here that it’s a breach of trust and composition may be 10k, 15k pr 20k almost. Its will be decided by court after proofing loss by breaking of engagement. I think now its clear.

Ishan Sid
Advocate, New Delhi
10 Answers
2 Consultations

Not a problem then. Propose an offer before them that you are wiling to pay them 'X' amount as damages and leave upon them whether or not they accept an offer. Beyond this, do nothing and stay at peace.

Vibhanshu Srivastava
Advocate, Lucknow
9672 Answers
310 Consultations

Yes you have taken right decision. Be safe.

Prashant Nayak
Advocate, Mumbai
32699 Answers
208 Consultations

Dear client,

what will you do with the bills? you are just prolonging the matter, end it by making payment, after negotiation.

ignore her shouting, blackmailing etc, she will not be part of your upcoming life, rather, She is just a bad time of your life.

further record everything for future safety, make a settlement deed in writing at the time of making payment in the presence of witnesses from both sides.

for further clarifications, mail me.

Suneel Moudgil
Advocate, Panipat
2382 Answers
6 Consultations

You have done a good thing by asking her to produce the bills for the amo0unt spent by her towards marriage preparation.

Let she yell, or threaten you that she will go to police for relief etc., do not be frightened.

You can immediately issue a legal notice to her through your lawyer instructing her to refrain from making any such illegal demands and if at all she has any genuine demands, let she produce the supporting bills/receipts to enable you to pay the amount.

You can also include in the legal notice that you will be constrained to initiate proper legal action through criminal laws for the acts of threats, blackmails and extortion and through civil laws for damages to your reputation and mental agony.

This will make her to keep sil;pent on this issue or if she decides to still go agaisnt you, then this legal notice may come to your defence.

Consult a local lawyer and initiate further steps as suggested.

T Kalaiselvan
Advocate, Vellore
87481 Answers
2348 Consultations

She is continuously calling .e and.my family and threatening us and asking me to deposit asked amount of 1.5lacs and she have no bills and I cannot believe people charge so much amount in advance for marriage booking in very Small town of UP and our engagement only lasted for 25 days and I met her only Thrice in all these period .

You can be firm on your decision to pay only if she produces the bill.

In the meantime you can block her number in all the mobiles she may contact you and your relatives.

T Kalaiselvan
Advocate, Vellore
87481 Answers
2348 Consultations

If you have taken the decision to not to go ahead with the proposed marriage with her, then it is your own decision, you cannot be compelled to do so.

She cannot demand such huge amount if it is not justified.

You can always deny to pay the amount because in my opinion, she might not have even booked or made any arrangement for the marriage so soon.

Whatever, if she was genuine she would not have yelled or demanded such an unjustified amount

This is nothing but extortion which you should not budge to.

You cans end her a legal notice communicating your decision already taken in this regard.

T Kalaiselvan
Advocate, Vellore
87481 Answers
2348 Consultations

As said before, make an advance intimation to the jurisdictional police station about her threats.

Ashish Davessar
Advocate, Jaipur
30780 Answers
973 Consultations

Always, approach a local lawyer and tell him to speak to that family to get it sorted out. If they oppose, then no other way than filing a complaint.

Rajaganapathy Ganesan
Advocate, Chennai
2229 Answers
8 Consultations

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