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Can I cancel the marriage after engagement

Shivendra Pratap Singh

Advocate

16/03/2022

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Question: I want to cancel the marriage after the engagement. I met a girl on 14.01.2022 & had an engagement (roka) on 19.01.2022. I met her from 15.01.2022 to 22.01.2022. After that she went to another city (Mumbai) & joined her office. After that she used to talk very less. Several times we had issues & one day after a mild heat of argument from both sides she blocked me. After that I politely said we don’t have understanding & compatibility and it is better to call off this wedding. I also said the same to her parents too and whatever token money they have given for the marriage venue shall be paid from my side. 

But, her family and she kept on threatening me. Some time they say they will charge my family for asking for dowry & mentally harassing her daughter if we call off this wedding. I never had any physical relationship with the girl. I just spent time with her from 15.01.2022 to 22.01.22, hugs & forehead kisses. Kindly tell me what are the legal actions that may be taken against me? I feel that instead of marrying, we should call off this wedding so as to avoid future complications.

Asked from: Delhi

You can cancel the marriage after engagement on the incompatibility issue. Engagement is an agreement between the bride and bridegroom. Any party can cancel this agreement on a valid ground. The aggrieved party is entitled to claim compensation and recovery of expenses incurred in the engagement ceremony. Thus you should be ready to pay the expenses and return all the gifts which you have received from him. 

If demand of dowry is the reason for the cancellation of marriage engagement then the guilty party is liable under the provisions of Dowry Prohibition Act. If the bride’s family files a false case for demand of dowry then you should approach the High Court for the quashing of such a false case of dowry. You have to prove that you never demanded dowry for the marriage.

There was no physical relationship between you and your fiance then she cannot file a criminal case for sexual harassment. Hugging and kissing on the free consent of the fiance constitute no offence. She is major in age therefore, can give valid consent. Consensual relationships exonerate the person from criminal cases. Hence, you have a line of protection against false case of sexual harassment supposed to be filed on the cancellation of marriage after engagement.

shivendra pratap singh advocate

Shivendra Pratap Singh

Advocate

Practising lawyer in the High Court Lucknow. You can consult on Criminal, Civil, Matrimonial, Writ, Service matters, Property, Revenue and RERA related issues.

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