As the wedding has been cancelled and there is no scope for reconciliation, both sides should have a sit down and discuss matters relating to expenses. Otherwise a civil suit for recovery can be filed by the party aggrieved.
Bride don't want to marry after engagement
Hi bride side cancel marriage deal before 1 month of wedding & wedding cards are NOT distributed but engagement was done. As she feel like groom makes more tortured Now groom side are threatening bride family to make civil case if not reimbursed groom side wedding arrangements. In that case bride side make more expenses than groom side. Please suggest
Asked 2 years ago in Civil Law
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7 Answers
Since the bride has cancelled marriage it is only fair they reimburse expenses incurred by bridegroom side failing which they can sue you to recover the deed expenses incurred by them
- As per section 65 of Indian Contract Act, any person who has received any advantage under such agreement or contract is bound to restore it, or to make compensation for it to the person from whom he received it.
- Further as per section 73, when a contract has been broken, the party who suffers by such breach is entitled to receive, from the party who has broken the contract, compensation for any loss or damage caused to him.
- Further, the party who broke the contract due to mistakes of other party will have also bear the consequences for breaching the contract as well.
- Further, breach of promise to marry also attracts an offence of cheating under S. 415 of the Indian Penal Code, if the intention was not to marry at the time of engagement.
- Hence, if the said broke the engagement is due to the sufficient reasons and the intention was to marry , then legal action cannot be taken against other party.
- However, if bride side has broke the engagement , then all the gift receipts should be returned .
If the groom side is demanding reimbursement of their expenses, they have to prove them properly with evidence before court, hence ther bride side may just wait for the summons to be received from court and challenge the same properly
The would be bride cannot be forced to get married against her willingness, she can very well refuse to marry the proposed groom for whatever reasons she may rely upon.
You can contest the case filed by them in court. No other way
It is bride’s family that incurs more expenditure. You can also claim money spent which is more than that spent by groom’s side. If groom’s side expenditure is adjusted against your expenditure, they will have to pay you the balance amount. If they file any suit against you, a counter claim can be filed by you under Order VII Rule 6-A of Civil Procedure Code, 1908. If they go to Court, they will suffer loss not you.
Hello,
- The bridegroom cannot succeed in filing and getting compensated for the expenses made as the bride has her genuine reasons for not proceeding with the marriage and besides the engagement itself did not create any contractual obligations.
- You can get a formal Notice sent to the groom stating reasons for the withdrawal and that you too have incurred expenses for the engagement and therefore the matter rests there and any litigation as threatened shall be at his risk and cost..
