Legal Question in Civil Litigation in India
Termination Of marriage
i was engaged in feb this year. our engagement was done after checking horoscope compatibility. all was going well when one day the mother of the girl (my fiance) asked for horoscope again. then after some days approx 30 or 40 days after my engagement my fiance's mother told that the horoscopes do not match as i she had consulted some other astrologer so she wanted to terminate the engagement of her daughter with me.
i am feeling very embarresed from the day i learnt all this.as all my colleagues, people who know me and people in our locality know that i have been engaged. i am emotionally broken.
i want to know that can i sue the girl's side for the emotional damage they have done to me by firstly getting into engagement and later terminate that on a cheap premise that now your horoscopes do not match.
4 Answers from Attorneys
Re: Termination Of marriage
Sir,
There is no special law for breaking of engagement, but u can sue the girl/mother under general law of torts.
In order to succed the litigation it would be important for u to prove termination of engagement with wrongfull intention and also to prove mental tortue, trauma, embaressment, loss of credit, etc.
Generally such litigation are not advised, but it you would be best judge, if u want to proceed further or not.
For any other imformaiton or details, u may contact me personally.
Re: Termination Of marriage
My advise to you is - do not sue. Other then mud-slinging and wasting your money you will not achieve anything. Technically you can sue - under 'Tort' but chances of success is very little.
Re: Termination Of marriage
Answer:
From the facts given by you, two presumptions are drawn; firstly it is presumed that during Feb. there was engagement function, wherein your relatives and friends participated; secondly the Girl�s side unilaterally withdrew from the proposed solemnisation of the marriage, for reason attributable to her side only. If that be the case, subsequent withdrawal from the part of the girl gives rise to cause of action for you, against the parents of the girl. You can sue them for the liquidated damages (that being the actual expenses incurred by you, if any for conducting the engagement function) and also for un liquidated damages for your mental sufferings, due to the unilateral withdrawal from the arranged marriage ceremony��
Re: Termination Of marriage
You can sue bride's side for the damages. Further, even if bride's side is now making an excuse of horoscope not matching, it will be worthwile to investigate into the real reasons and after knowing real reasons, you should decide to proceed further in the matter.
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