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10 months ago

My brother called off the marriage because he didnt like the girl's education and now girl's father is threatening to send legal notice in fake dowry case.

Anik

Responded 10 months ago

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A.Dear client,
If the girl's father is resorting to threat and intimidation, you may intimate the same to police authorities through family lawyers. The intimation letter must contain details of threat calls or communication clarifying apprehension of a false legal action in this regard.

You may also apply for anticipatory bail under Section 438 of Criminal Procedure Code, 1973 which allows grant of bail in case of apprehension of arrest if there is a possibility of a person being criminally accused of dowry harassment under Indian Penal Code or Dowry Prohibition Act, or if an FIR is registered and arrest is sceptical. For this purpose, anticipatory bail lawyers must be approached for grant of bail
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Anonymous

Replied 10 months ago

The marriage was not yet fixed ...my parents went to see the girl and they liked the girl and they said the same to the girl's father but after that day my brother saw the pic of the girl and biodata and said he didn't like and then unfortunately my father had to say no.....then also they can file such case or can take any legal action?

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Kishan Dutt Kalaskar

Responded 10 months ago

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A.Dear Sir,
Refund cost if you call off engagement, says SC – FIR Quashed.
New Delhi: After three years of litigation, a Delhi man's family realised on Friday that breaking a marriage alliance after enjoying the engagement party made them liable to reimburse the cost.
In 2012, a government doctor finalized the marriage of his son, who was in the real estate business, with a girl from Thane in Maharashtra. The 'roka' (engagement ceremony) took place in Delhi on June 8, 2012. The girl's parents spent lavishly in entertaining the prospective groom's family and friends.
But the boy's family later called off the alliance claiming that the girl's family had suppressed facts about her. Infuriated by the turn of events, the girl's parents filed a case under Section 420 (cheating) of IPC against the boy and his father in Thane.


The father and son sought anticipatory bail from a Thane court, which after mediation proceedings asked them to pay Rs 1.50 lakh to the girl's parents towards the expenses they incurred on the ceremony. The boy's family claimed they had spent Rs 4.50 lakh for the ceremony. But the trial court asked them to compensate the girl's family.

The boy's family paid up but the girl's family did not withdraw the case. The boy moved the Bombay HC seeking quashing of the case. The HC refused, saying a case of cheating was made out.


Appearing for the boy's family in the SC, senior advocate Rana Mukherjee told a bench of Justices J S Khehar and Arun Mishra that once the girl's family was compensated for their expenses, there was no question of any cheating in the matter, which was a case of a prospective matrimonial alliance going sour.
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