Hi, I have a question regarding calling off a marriage after engagement. I'm from the groom's party. My cousin got engaged in a couple years ago and fixed a marriage day (years ago), but marriage never happened due to issues from the brides side. Now, we want to cancel the the marriage and move on. I would like to understand what the legal implications of it. Here are the context and sequence of events * Engagement happened in 2019, and marriage date was fixed in the same year * Bride's family got into legal issues (criminal), including the bride. Bride's brother's wife filed domestic violence on bride's family, and it is still going on. FIR is filed against bride as well. * As 498A is pretty bad consequences if convicted, we dont want to go for marriage unless bride is removed from the FIR or the case. this was communicated to the bride's family. * years after the case is still on, and the bride is still an accused in the case. Now, we would like to cancel the marriage, but I dont think bride's family is okay with it. We wonder what are the implications of just going canceling and moving on without bride's family consent.
There is no issue at all, if you have informed to Bride's family what is reason behind it to cancel the marriage after performing the engagement.
You can move forward, I will still suggest you to take consent of bride's family and they are ready to remove her name from FIR which her sister in law has added in it.
You can call off the same but there are chances of false cases to be filed against you. So. You need to counter the same
Your cousin is at liberty to call off the marriage as the girl is accused in criminal case
mention the reason why he is calling off marriage as he cannot wait indefinitely for her acquittal
The groom's father can send a communication by registered post in writing communicating his decision to cancel the marrige for the reasons what you have stated here.
He can add that they were waiting for the disposal of the criminal complaint booked against the bride since the year 2019, whereas there is no sight of disposal of the case in her favor in the near future, hence they are cancelling the marriage proposal.
There is no point anymore in waiting for this to happen, hence better decide and act fast instead of stretching it indefinitely.
Dear client,
In India, ending a relationship is typically regarded as a civil matter as opposed to a legal one. However, if formal wedding invitations have been sent out or if substantial sums of money have been exchanged, there might be legal repercussions. Taking into account your circumstances, it's critical to realize that an engagement is a vow to marry, and ending it should preferably be done peacefully. Legally speaking, there might not be any repercussions if there hasn't been a formal wedding ceremony or if there haven't been any contracts or financial obligations formed. Given the situation, where the bride is the subject of ongoing criminal proceedings, it becomes sense to take care of those matters first before moving forward with the marriage. You have good reason to be concerned about the possible repercussions of cruelty against a married lady, as stated in Section 498A of the Indian Penal Code. Make sure you honor any contractual duties and handle the situation delicately. An amicable outcome requires open communication about the decision with the bride's family and a mutually beneficial understanding.
Hope this helps you.
Marriage engagement is not a concluded contract nor has it any legal binding force.
In other words engagement for marriage can be called off at any point of time before the solemnisation of marriage.
There is no implications as such unless valuables are gifted which at best required to be returned to avoid unnecessary disputes.
As long as the marriage is not solemnized in India according to Hindu Marriage act (assuming the bride is also Hindu), it is not a valid marriage and any pre-marriage engagement can be called off based on mutual understanding. In this case, if the bride's side is not ready to call it off, you can simply return any worth received from them through a known relative or family member.
Ideally, in this scenario, when you do not have confidence about the sustainability of this relationship, it is understandable since marriage involves not only the parties into marriage but families as well are part of the arrangement. All the best!
- 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.
- Since, you have broke the engagement due to the concealment of facts and the said criminal case , hence you are not responsible for the same.
- Hence , your ground for refusal of the marriage is genuine .
Hi, you can cancel the marriage while communicate the same. Nothing will happen.
