Legal action as girl promises to marry and later refuses for the same
03-May-2023 (In Criminal Law)
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Breach of promise to marry occurs when a person promises another to marry but on a later date refuses to do so. Breach of promise to marry per se is not actionable, except where the person has actually incurred expenses for the wedding and the necessary incidents thereof then those expenses can be recovered. To that effect, the aggrieved party can file a lawsuit for breach of contract under Section 73 of the Indian Contract Act, 1872 claiming damages for losses suffered due to such breach. The damages awarded may include any expenses incurred by the aggrieved party in connection with the promise to marry, such as expenses related to engagement or wedding preparations. The court may also award compensation for any mental anguish or emotional distress suffered by the aggrieved party as a result of the breach of promise.
It is important to note that the aggrieved party must be able to prove that the promise to marry was made, that they relied on the promise, and that they suffered damages as a result of the breach. The burden of proof is on the person who is alleging the breach of promise.
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Under the Indian Penal Code (IPC), a breach of promise to marry is not considered a criminal offence, and therefore, a case of cheating cannot be filed under the IPC for breach of promise to marry. However, if the promise to marry was made with fraudulent intentions, such as inducing the other party to part with money or property, then it may be possible to file a case of cheating under Section 415 of the IPC.
In such a case, the aggrieved party would need to prove that the promise to marry was made with the intent to deceive and that they suffered damages as a result of the fraud.
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