Sumit Kumar
Asked July 13, 2016

Extraction of money in the name of marriage

  • 1 Answer
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My Sagai took place in the year 2014. From then onward everything was going fine. I was talking regularly to the girl and her family members. The girl was doing nursing course in Jaipur. The girl's side was economically weak. They indirectly asked through the mediator to pay may for the girl's education if I wanted her to continue her education. Since I had started treating them as my family I obliged. I gave money to them for not only girl's education but also on various other occasion like the admission of her brother in a coaching institute. Then in the middle of Year 2015 they unilaterally called off the marriage. They are now refusing to give the money which they have taken from me on the pretext of marriage and various other pretexts. They are not even willing to talk on the table. I have some proof in the form of photographs, online bank transfer statements and some bank receipts. What legal recourse should I take against them so that I can recover my money from them. It seems that the girl's side is in the business of extracting money from boys in the name of marriage. Please suggest a legal remedy.

Answer 1

Your options are:

 

1. Suing for not fulfilling her promise to marry you:

You will need to prove, via evidence, the following:

  • That she promised to marry you in the past;
  • That you made some changes to your life, or acted based on that promise;
  • That it led to some monetary loss

If all these conditions are fulfilled, there might be a chance for you to sue her for "breach of promise to marry". 

If you are successful in proving the above, the Court may award compensation.

2. You can also file a case under section 415 of the Indian Penal Code, for "cheating", on the grounds that they cheated you into spending money on them, and is now not ready to marry you or return your money. 

An explanation of the section is as follows:

415. Cheating.— When a person, fraudulently or dishonestly induces another person to do something which he would not do otherwise, and such an act causes or is likely to cause damage or harm to that person in body, mind, reputation or property.

You have to prove that what you did based on her promise to marry, caused damage to your mind and reputation. 

If the girl is found guilty of Cheating, then the court will only be able to order with imprisonment of either description for a term which may extend to one year, or with fine, or with both.

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