Kishan Dutt
How to Avoid Marriage after Engagement in India
Kishan Dutt Kalaskar 30 Jun 2025

How to Avoid Marriage after Engagement in India

Introduction: - The engagement is often seen as a formal commitment leading to marriage also known as pre-marital vows exchange between both parties leading to marriage, but circumstances may arise where one or both parties wish to withdraw from this arrangement, which also socially sensitive.  But it is permissible and not barred by law. Through this blog we will be exploring the legal grounds, provisions, case laws, and frequently asked questions regarding the retrieval from the marriage after engagement.

Grounds:-A person may seek to cancel an engagement based on various grounds, including:

1. Mutual Consent.

2. Fraud or Misrepresentation.

3. Coercion or Undue Influence.

4. Incompatibility Reasons.

5. Economic or Social Disputes.

6. Legal Implications of Dowry Demands.

Provision: -

1.Although Indian law does not explicitly recognize breach of promise to marry, civil suits for damages may be filed in cases of financial loss or emotional distress.

2. If one party has been deceived into engagement through fraud, they may seek legal remedies under IPC, 1860 or BNS, 2023

3. Dowry Prohibition Act, 1961

4. If false allegations are made post-engagement, defamation suits may be filed etc.

Case Laws: -

1.     Ramesh Kumar v. State of Haryana (2017) – In this case the court has addressed that false promises to marry could be prosecuted under fraud provisions.

2.     S. Khushboo v. Kanniammal (2010) – The Supreme Court in this case ruled that pre-marital commitments do not constitute a legal contract enforceable by law under marital commitment.

FAQs: -

1.     Is breaking an engagement illegal in India?

A:-No, engagement is not legally binding, and either party can withdraw, but if any complexity is arising better to seek expert advice from Senior Advocate.

 

2.     Will I be sued for breaking an engagement?

A: - In rare cases, civil suits for financial loss or emotional distress may be filed, depending on the gravity of the situation, to avoid any complexity seek for the better advice.

 

3.     What if my fiancé refuses to cancel the engagement?

A: - If coercion or fraud is involved, legal remedies can be sought.

 

4.     Dowry demands be a reason to cancel an engagement?

A: - Yes, dowry demands are illegal and can be reported under the Dowry Prohibition Act.

 

5.     Is there a legal notice required to cancel an engagement?

A: - It depends on the gravity on the situation if the situation can be controlled through normal intimation or documentation, it is alright but if the complexity is too severe better to take a proper legal guidance from the Senior Advocate will be better option to safeguard own self and reputation.

 

6.     Will I be able to claim compensation for expenses incurred during engagement?

A: - If financial loss is significant, a civil suit may be filed, better to get a proper way out through Senior Advocate.

 

7.     What if my family pressures me to proceed with the marriage?

A: - You can seek for legal protection against the coercion which is available under Indian law.

 

8.     Will the engagement cancellation can lead to defamation cases?

A: - If the elements of false allegations are made, defamation suits may be filed.

 

9.     Will be the engagement cancellation can affect future marriage prospects?

A: - Social implications may exist, but legally, there are no restrictions, to avoid any complexity an expert Senior Advocate can give guidance for smooth process.

 

10.                        What is the need for appointing an advocate during this situation?

A: appointing an advocate is a crucial part to be able to navigate in a proper direction and also to ensure the legal procedure, legal paperwork, for representation, to be able to get help during complex situation and also for physiological support for the victim and their family members.

 

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