Legal Action After Broken Engagement – What Women Can Do

By shagun , 7 August 2025

A woman can file a legal case against a man for breaking his engagement with her because:

She was emotionally or publicly hurt
Expenses were incurred or there were gifts given; or
A promise to marry was made, which caused mental and financial loss.

Let's simplify:

Breach of Promise to Marry (Cheating – BNS/IPC Section 417)

Suppose a boy promises the girl to marry her and carries her away emotionally or physically, finally backing off without a reasonable excuse. In that case, it can be treated as cheating.

Civil Suit for Compensation

The girl or her family can file a civil case seeking damages because of other forms of loss, such as spending money on wedding arrangements or defaming them due to the broken engagement.

Return of Gifts or Money

If any valuable gifts, money, or gold were given, one may file a complaint to retrieve those items.

Mental Harassment/Emotional Abuse

The girl can use those provisions to file a case if the engagement was broken purposely in order to harm or insult her dignity.

Bharatiya Nyaya Sanhita (BNS) – for cheating or mental cruelty
Protection of Women from Domestic Violence Act – in some emotional/relationship abuse cases (even if not married yet)

⚠️ Important:

With bad intentions, false promises, or very serious injuries or humiliation, the breaking of an engagement is not legally actionable.

The court will consider:

Reason of breaking the engagement
Proof of promises like messages or shared plans
Financial loss or mental trauma caused

✅ Practical Examples

If a boy marries another girl even after getting engaged to someone, she has the right to file a cheating case.
If, upon cancellation of the engagement, a woman left her job or her place for him, then she can claim damages.
A suit can be brought by the girl's family if they spent a great deal of money only for the boy's family to back out with no reason.

💡 Action you can take:

Send a Legal Notice- through a lawyer about gifts' return, apology, or settlement.
File an FIR for cheating, fraud, or emotional exploitation.
Civil Suit – for recovering money or compensation.
Consult with a Lawyer – to get an opinion on the merits of the case before going into court.

Girl’s Legal Rights (FAQs)

1. A girl can file a case against a boy if he calls off the engagement.: Yes, an engagement can be called off without legal cause if it bore emotional or financial harm.
2. Is breaking an engagement a crime in India?: Not always, but it might become a legal issue in the case of cheating, false promise, or harassment.
3. Which law applies if a boy promised marriage and didn't go through with it?: You could file under Section 417 of the BNS (Cheating) or approach civil court for compensation.
4. What if the boy used the engagement to get physical with the girl?: That can be treated as cheating or exploitation, especially if done on the false promise of marriage.
5. Can the girl claim money spent by her family?: Yes, she can sue to recover expenses, gifts, or dowry (if taken).
6. What if the boy left the girl for someone richer or from a better family?: If the breakup was based on greed, status, or infliction of intentional insult, then it qualifies as mental cruelty or cheating.
7. Can I ask the boy's family to return gifts, jewellery, or money?: Yes, it is legally possible to recover those gifts.
8. Can I file an FIR if the boy's family harassed us before or after the engagement?: Yes, you are able to file an FIR under harassment, criminal intimidation, or dowry laws as per the situation.
9. Which proof do I have to file a case?: Messages, pictures of engagement, gift receipts or any witness to promises made.
10. Will the police take my complaint seriously?: Yes, good, especially if a case of mental harassment, cheating, or emotional trauma is involved.
11. What if I left my job or city because of the engagement, only to have him call it off?: You may seek compensation for the loss, either financial or emotional.
12. Can I prevent the boy from marrying another woman?: Not like that. If you can prove by your evidence a false promise, then the court may intervene.
13. Can the parents of the girl file a case on behalf of her?: Yes, but it should be prudent that the girl also files it personally or jointly.
14. Can I file a case for defamation if the boy is spreading false things after breaking the engagement?: Yes, under the defamation laws, civil or criminal.
15. A Broken engagement is like a divorce; it can involve false financial damages or non-monetary damages.: No, but emotional, financial, or social damages can still be claimed.
16. Can I lodge a complaint online?: Yes, many state police departments are accepting online FIRs, particularly for harassment or cheating cases.
17. What if the boy is abroad and broke the engagement from there?: You can still file a case in India if the engagement or promise was made here.
18. Is mediation possible instead of going to court?: Yes, most cases are settled through legal notice and mediation in case both sides do not want to enter into a protracted legal battle.
19. Will this affect the marriage prospects of the girl in future?: No, it shouldn't. Filing a case to claim your legal rights is legally justifiable.
20. Should I consult with a lawyer before taking any action?: Absolutely. A lawyer will give you information on your options and guide you on how to proceed.