I would like your guidance regarding a personal matter involving my girlfriend and her arranged engagement. We have been in a relationship for over a year, but due to a conflict, we stopped communicating in November. In the meantime, her parents proposed a marriage for her, and under pressure, she agreed. The engagement was carried out without my knowledge. I only learned about it a month later and subsequently spoke to her. She has since expressed to me that she is not interested in proceeding with the marriage and has communicated the same to her parents. However, her parents are unwilling to cancel the marriage, but she could not take a stand for me in front of her parents because they might emotionally black mail her, We are concerned about the legal and social consequences she might face if she cancels the marriage, including any potential liabilities or pressures from her family or the groom's side. She is a Christian and I'm a Hindu, Could you please advise us on the possible outcomes of canceling the marriage and recommend the best approach to handle this situation?
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Obtain in writing from her that she wants to call off the engagement as she is not interested in marrying you
2) you can then inform her parents that you do not want to marry her
3) in the event any false cases are filed against you rely upon written communication from the girl that she does not want to proceed with marriage
4) both are adults and cannot be forced to marry against their wishes
My girlfriend engagement is done with other person, and she is now not interested to continue to do the marriage, but cannot come with me also due to family
Unfortunately, many women are suppressed and not allowed to marry as per their choice. I somehow don't agree with your statement, "She could not take a stand for me in front of her parents because they might emotionally blackmail her," for the simple reason that it is an apprehension.
I think your girlfriend can take a stand and communicate with the proposed groom & you can also talk to your parents and discuss with your girlfriend's parents and try to convince everybody.
There are certainly many stigmas attached to inter-faith or intercaste marriages. The third person forcing a couple to enter a marriage or breakup is, in my opinion, a social evil & outdated mindset. Nobody can force anybody.
Legal consequences: There are no specific legal consequences if you go against the family and marry. At the max, the dissenting family might not give you a share in their 'self acquired properties'.
Social Consequences: As said above, you might face the stigma but it's out of anyone's control. We need not live our lives to satisfy others, especially when the subject is linked to personal choice and liberty.
You both are adults. You can make your own decisions. You both can get married under the Special Marriage Act unless either of you want to convert your religion and get married as per the Hindu Marriage Act or the Christian Marriage Act. As a last resort, get married and seek police protection if you anticipate any threat.
Dear Client,
Engagements are not legally binding in India. This means that your girlfriend can cancel it without facing any legal consequences. However, she may face societal and emotional pressures from her family and the family of the groom, especially if some money has been spent or there had been a public announcement. The best way to combat this would be for her to have an open and respectful communication with her parents, focusing on her happiness and the importance of her consent in marriage. An elder or a family member or even a counselor whom your girlfriend can trust can help in discussing these matters. Thus, it is rare that the family of the groom would take legal action unless they could show either financial or emotional harm; nevertheless, it is sensible to stay on good terms and to maintain documentation of communication. If both of you decide to continue with the relationship, you can take into account the social and familial implications of an interfaith partnership.
Hoping this answers your question. Please do not hesitate to pose more legal queries.
Dear Client,
If your girlfriend has rescinded the continuity of the marriage after her engagement, she needs to handle the situation very well, more so because there might be family pressure. Legally speaking, engagement is not a binding thing. That means she can turn down the marriage without any legal implications provided that no financial enticements nor binding agreements were made. If she cannot pursue her relationship with you due to family constraints, it would be better if you genuinely respected her position and DaR her happiness foremost. Especially, she should have a very open and honest communication with her family about it, possibly involving a well-meaning mediator or counselor. After all, an arrangement ought to be after her due comfort and independence without creating further war or distress.
Hope this has helped you. You can definitely ask for any other legal queries.
She is at liberty to call off the marriage
she cannot be forced to marry against her wishes
The girl can call off the engagement even at this stage.
She can inform her parents as well as the would be bridegroom about her affairs with you and her intention to marry only you.
Loving and marrying a person of different community or religion is not a social crime especially if she is stubborn about it then any false complaint that may be lodged by her parents will not be entertained or maintainable.
You must assure her and give confidence to her and if possible you should convince your parents and ask them to talk to her parents and her too.
As you both are major by age and are confident to live without depending on your parents for economic and other needs, you can take a firm decision to get married to her against all oppositions.
You can take the support of your close friends and supporting relatives to somehow accomplish this feat.
You can also be in touch with an experienced and dynamic lawyer in the local to rescue from any undesirable situation.
If your girlfriend is not interested in getting married to her fiance she can very well stop the proposed marriage even at this stage.
You should convince her and suggest ways to her to stop all further arrangements immediately.
Getting engaged is not a legal bonding hence no rights can be claimed.
Besides law do not recognize the marriage that was forced upon a person who was not willing to get married.
Therefore you can take a considered decision to convince her to cancel the engagement
1. Canceling engagement to marriage by girl is not any offence legally. It is offence if it is cancelled by boy if he had any sexual intercourse with the girl. She will not face any legal problem.
2. There is no legal remedy against emotional blackmail by relatives, she has stand firm against such blackmail.
3. Both can marry under Special Marriage Act, in Church or as per Hindu rites.
If she cannot stand with you then there is no reason to continue with her. so forget her and proceed in your life. As such there is no legal repercussions if she call off the marriage proposal. Till marriage is not performed no relationship is created among parties so either party can cancell marriage proposal at any time.
1. There are no legal consequences of calling off marriage after engagement. Supreme Court has declared in a recent judgment that engagement is not a contract to marry.
2. Just that gifts mutually exchanged are required to be returned.
3. Your girlfriend has to take the decision now.
She has to return any ornaments taken from the in-laws for proposed marriage. Also has to pay any hall expenses carried out by them. Rest there are no consequences
This is a sensitive matter that involves both emotional and legal considerations. Since your girlfriend's engagement has not yet culminated in marriage, it does not hold any legal binding under Indian law, as engagements are not legally recognised or enforceable. If she chooses to cancel the marriage, there will be no direct legal consequences against her unless there is a breach of any specific commitment involving financial arrangements or exchanged gifts during the engagement. In such cases, the groom’s family might seek to recover any monetary losses or gifts, which is typically resolved amicably or through legal mediation.
From a social perspective, it is essential to prepare for potential emotional and societal backlash from her family and the groom's side. As she is an adult, she has the absolute legal right to make decisions about her marriage. If her family attempts coercion or emotional blackmail, she can seek help from women’s rights organisations, counsellors, or even file a police complaint under relevant provisions for undue pressure or harassment.
Considering the interfaith aspect of your relationship, it might add additional family and societal pressure. If both of you decide to pursue a future together, the Special Marriage Act, 1954, offers a legal route for interfaith marriages without religious conversion. However, this will require clear mutual consent and willingness to withstand societal and family pressures.
The best approach is to have her firmly communicate her decision to her family in a calm and composed manner while expressing her wishes clearly to avoid misunderstandings. Legal and emotional support systems should be considered if coercion persists. You both should also discuss long-term plans to ensure clarity and mutual commitment before making any decisions. Consulting a local family lawyer to address potential liabilities and risks can further ensure that her rights are safeguarded.
Thanks and Regards,
Advocate Aman Verma, Legal Corridor
