Engagement Broken, Father of the would-be Bride Extremely Upset
Dear Manish ji,
We would like to know the status of 498 A in case of fiancee' status after breaking of engagement if they met each other frequently or stayed in a house together for a month or so. Is there any other remedy which can be availed from the court?
Dear Vigyan ji
It is better to marry, or these days after love affairs there are many complications which you can see in the newspapers everyday like rape allegations etc. Much more serious than 498a.
In this case there was a matrimonial alliance between my daughter and a family of Lucknow. The engagement ceremony was organised in a 5 star hotel. After this occasion both met each other frequently in Switzerland as both are working there as surgeons. Afterwards on account of some finance parents of the groom played to divide both and inspire the groom to quarrel with his fiancee and groom's parents had withdrawn from the marriage and it seems that the groom consented under pressure of his parents . As my daughter had become emotionally attached with the groom, she has suffered.
In your opinion what are the legal and mediation remedies available to us to force him to marry her or get our expenses amount back from them as we have tried social route and an FIR has also been lodged but police have not taken 406 or 420. They have simply lodged u/s 3/4 only. Please suggest some legal route to mount pressure on them.
It is not clear from your email whose money was spent on the engagement. Entirely your money or yours as well as theirs. An engagement cannot be broken so easily unless the boy has really decided that he is not interested in the girl. Such things happen from girls' sides also. If the answer in each such case was to file an FIR then there would be utter chaos in society. The very meaning of an engagement is to let the bride and groom know each other, and to withdraw from any such engagement in case of insufficient mutual liking.
As you might know, an engagement can be broken without any compulsory wastage of time, while if a marriage is broken then there is a minimum wastage of about 20 months even if both parties wish to separate and have competent lawyers.
Further –not to speak about your matter, but as a general comment– there is a tendency amongst broken hearted ladies to file charges of rape on breaking of engagements/relationships in our country, in case of love matches. Sadly, such charges are turned into FIRs by our law enforcement authorities. In my personal view, this is not a civilised trend, and will not lead to emancipation of women in our country. I feel that the boy in all such cases has demonstrated adequately that he is not ready to marry without a relationship first by opting/asking for a relationship before marriage. Also, I feel that the girl in all such cases has demonstrated acceptance of the boy's terms and conditions by accepting his demand for a relationship without insisting upon a wedding first.
Forced marriages are against the law. Abandon such thoughts. In any case it would be suicidal to marry after an FIR. Such highly qualified and mature boys and girls should be able to guide their parents, and not the other way round.