What can you do if your engagement breaks?

What is an engagement?

Engagement is the first step towards marriage. It is a promise, a vow or a formal agreement between two people & two families to get married.

It in fact is a matter of trust that one family shows upon another. A lot of arrangements have to be made like the caterers, the rings, outfits decorations, guests etc. All these, demands for some handsome amount of expenditure, as well and the engagement is performed thereafter.

Sometimes,  Specially in arrange marriage, people tend to find it out later that maybe they are not compatible with each other or  just call it off without any major reason. This is heart- wrenching and extremely disturbing for the family who has to face the humiliation, shame, repercussions.

A similar case came forward when a Delhi (Best Lawyers in Delhi) based businessman got engaged to a Mumbai (Best Lawyers in Mumbai) based girl. The Girl’s family spent lavishly in the engagement and the boy‘s family enjoyed. Soon after a while, they called off the engagement and the marriage alliance by saying that they suspected some facts about the girl which the girl’s family tried to suppress at the time of engagement. Agitated by the turn of events, he filed a case against the father and the son under Section 420 of Indian Penal Code ie. cheating. Later the trial court asked the man’s family to refund 1.50 lakhs to the girl’s family. It was then said by the Supreme Court that if the calling off is mutual then it is okay but then they have to pay half amount of expense to share the burden. If they fail to do so and called off the engagement without any major issue, here is what you can do —

• Under section 417 :  “Punishment for cheating.—Whoever cheats shall be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both”. 

This mean that whosoever breaks any already made promise or do not fulfill it he or she is liable to pay fine or go to jail or both. It is a bailable offense.

• Under section 420 : “ Cheating and dishonestly inducing delivery of property.—Whoever cheats and thereby dishonestly induces the person de­ceived to deliver any property to any person, or to make, alter or destroy the whole or any part of a valuable security, or anything which is signed or sealed, and which is capable of being converted into a valuable security, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine”.

This means that any person who is involved in cheating and dishonesty and includes property, money, and any part of signed or sealed valuable security, agreement, he or she is entitled to go to jail for up to 7 years or pay fine or both. It is a non- bailable offence.

To not get imprisoned the court has suggested the guilty party to refund some expenses and reach onto a compromise to breach somebody’s trust.

In all such matrimonial disputes and issues, we the Lead India Law Associates, helps you find the best possible solution according to your ongoing disputes in no time.