Think Twice Before You Propose

What can be the possible consequences if we promise to marry a person but end up marrying
someone else?

A heartbreak? Definitely! A legal suit? Ummm..

There can be many reasons for not keeping the promise; may be you fell out of love, may be
your parents had someone else in mind or may be it just wasn’t working out. There is no
concrete provision that states if a legal suit against the ‘breach of promise to marry’ can be
filed or not, but there are contradictory judicial pronouncements regarding the same.

Views in favour of suit for breach of promise to marry:

 If the existence of promise to marry is proved then its breach would certainly be
illegal attracting Sections 73 and 74 of the Indian Contract Act, 1872.
 Either a man or a woman can claim damages against the breach of promise.
 Compensation can be claimed for loss of reputation, injury to character & hampering
of future marriage prospects.
 Compensation can also be claimed for the frustration and emotional injury caused by
the breach of promise to marry.
 Aggrieved person can also invoke Section 415 of the Indian Penal Code, 1860, which
gives legal provision regarding the offence of ‘Cheating’.

View against suit for breach of promise to marry:

 No action can be taken against a person under Indian contract act for breach of
promise to marry.
 An essential for a valid contract is ‘monetary consideration’, which one party pays to
another. Since there is no consideration involved in a promise to marry, hence there
can be no action against the breach of same.
 A person can only recover any expenses that he/she might have incurred incident to
the promise to marry, like expenditure on gifts, engagement or any other function,
etc., nothing beyond that.

Although the position remains unclear but you should definitely think twice before you
propose. May be not a legal suit, but a heartbreak is guaranteed if things don’t work out.
Better safe than sorry!