Hi, calling of marriage is not a offence , however it is the police who has to rule out during the investigation that whether ot was due to dowry demand or any other illegal demands..If found innocent police can cancel the complaint.No need for bail until FIR is registered
Wedding Called off by Groom and Girl's family filed false dowry case
I am central government employee ( Railways) age 30. In a typical arranged marriage we got to know each other through Tamil Matrimony website. I got attracted by her Educational qualification(M.Arch). Since both the families were not ready for inter-caste and inter-religion marriage, i was hesitant and even refused her proposal many a times. However due to her repeated pressure, I accepted and after formality meetings, we got engaged on Feb 2019. Within a week, we started noticing that the girl's family being christians (from Kanyakumari), were hurting our hindu religious sentiments and were also making castiest remarks. My family got outrageous. Even i lacked the personal compatibility with the girl.. I got into confusion and depression and even had to take psychiatric counsellings. Finally ( two weeks after the engagement) we decided to call off the marriage and informed the same to her mother 110 days before the scheduled marriage date (Wedding date : June 27, 2019). Initially, they got agitated and then seemed to be settled down and were silent for two weeks. All of a sudden, i got a call from local all women police station. they summoned me and my mother. When we went there we got to know that her mother had filed a false dowry complaint against my mother ( though we didn't demand a single rupee untill then). We managed to convince the Inspector. And even the inspector was ready to formally cancel it by writing. I agreed to pay the expenses incurred for the engagement. However, the girls family is not coming for further enquiries and to cancel it legally citing silly medical reasons. ( The way inspector tried to convince me to get married to her made me feel that they are influencing the inspector in some way). Their silence is making us restless. Please advise me, 1. if they can invoke any criminal law against me which may affect my family and job? 2. Do i need to go for AB ? 3. Do i need to send a legal notice to her family, when there is already a case pending in the police station? ( I have the CSR number). If yes where can i approach lawyers with reasonable charge in chennai.? 4. Do i need to have my mom file a separate police case, requesting the police to have them return my gold gifts ( (2.6 sovereigns) i had given on the day of engagement ? Thanks.
Asked 5 years ago in Family Law
Religion: Hindu
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15 Answers
1) in the event any FIR is filed against you under section 498A of IPC apply for anticipatory bail from sessions court
2)you can send them legal notice that as engagement called off to return gold given at time of engagement
3) number of lawyers on this website from Chennai
4) contact any of them
- Yes you must file an ABA in district court. Act on this urgently.
- Marrying or not marrying someone is your prerogative. It's not a police matter at all. Next time you are summoned to police station for 'counselling' don't fall for the pressures to marry that girl. It's only dowry offence complaint that the police is supposed to investigate. Appoint a lawyer and take him or her along with you, the next time you are summoned to be 'counseled' to marry.
- Regarding the gold gifts given from your side during engagement, serve a legal notice upon them, intimating them to return those within a month. You should also return anything you have received and take acknowledgement from them when you return. After the period of one month terminates, and they don't return your gifts, file a police complaint against them for theft.
1. See if the FIR is registered in that case you need to obtain an anticipatory bail to avoid arrest and file a quashing petition before the high court.
2. Yes based on complaint you should get an Anticipatory bail.
3. See sending legal notice is not appropriate ask then to settle and withdraw the complaint.
4. You can file a complaint for same.
Do you have records of abuse she committed about your caste?
If so file a complaint against her and all concerned.
If interested to talk my number is available in google .
Regards
G.Rajaganapathy
Lawyer
High Court of Madras
Dear Sir,
1. The Police will not register a case of dowry only because you denied to marry a girl due to compatibility issues.
2. She can file a case against you for breaking the engagement for want of dowry and you shall have to keep your answer ready as to why did you break the marriage after engagement,
Refund cost if you call off engagement, says SC – FIR Quashed.
New Delhi: 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.
Yes it's better for take ABA to be safe. Yes you can claim the gifts through a legal notice and they don't return you can file FIR for the same
1) Yes, she can file false cases of dowry, illegal demands, and cruelty against you.
2) If there is an apprehension in your mind that you will be arrested in the criminal case lodged by your wife, as you are the government employee and if you get arrested it will affect your job career, so it is advisable to make the application before the Session Court for Anticipatory Bail, so that in event of arrest you may get released on bail.
3) Send a legal notice through an advocate to her to return gold given at the time of engagement, as engagement called off.
No one can force anyone to marry. Move to court/commisioner if threaten persists from women commision..
apply for anticipatory bail, get enlarged on bail and contest the case as per merits.
1. If you are not accepting the offer made by the police inspector, she may certainly register FIR and try to harm you by taking you into remand in order to spoil your employment hence in that case you better obtain AB and then challenge her false case in the trial proceedings.
You can very well plead that you had cancel the marriage proposal because of her anti religion remarks and other insults, for which you may produce any evidence if available with you.
2. If necessary you may obtain AB.
3. You can issue a legal notice communicating your decision to cancel the proposed marriage for the reasons that she was making castiest remarks and hurting your Hindu religious sentiments.
You can look for a lawyer from this forum also or any lawyer in the local within your jurisdictions.
4. You can ask your mother to lodge a complaint under section 406 IPC for return of her gold ornaments.
My sincere thanks to all of you for your guidance. That actually boosted my confidence level. Today i phoned the concered Inspector and requested her to settle the issue as it has been already 20 days and the Lok Sabha elections are over in TN and they would be comparatively free now. To my surprise she promised me that she would contact the girls family and call me back.. In the evening, I called the inspector again and she asked me to attend to the police station tomorrow morning at 11:00 AM. She also told me that the girl's family will also come to the station at the same time as they had agreed to cancel the engagement by writing with the witness of police by returning the gifts from both the sides and me compensating the engagement expenses and getting acknowledgement for the same. Please clarify, 1. Is there any format to call off the engagement.? 2. If not, do I have to add any specific statement in the document before signing which will save me from future problems. ? 3. Is there anything else i have to request to the police (any document, any declaration.. ?) Thanks Shanmuga Raja
Asked 5 years ago
1. No there is no format the police will make a settlement compromise kind of application and that would suffice.
2. You can write a statement no claim in this regard or no case in this regard will be filed by both sides.
3. They will make an compromise document.
You can execute a joint notarised agreement between each other for returning of the gifts and settling the same between each other
1. There's no legal format, it's based on the circumstances.
2. You can ask them to add that there will not be any claim in this regard in future.
3. Better obtain a photo copy of the same before leaving the police station.
There is no specific format
2) it should be mentioned that both parties have returned gifts received at time of engagement
3) further x amount has been received by girl for expenses incurred for engagement
4) there are no exchanges pending between parties
Dear Sir,
1. Is there any format to call off the engagement.?
Ans: No, there is no specific format to call off the engagement.2. If not, do I have to add any specific statement in the document before signing which will save me from future problems. ?
Ans: Yes, you can add any specific statement in the document.
3. Is there anything else i have to request to the police (any document, any declaration.. ?)
Ans: Any legal complications should not be arise in future. It is better to write it down in document in this regard.