Promise to marry legally binding
I am a woman aged 37 living in Dodoma. In January 2024, a man I was courting for over 3 years and who continually kept promising me that we will get married, left me for another woman. I invested a considerable amount of my savings in his business and also helped with his household chores. My support of him was only because he promised to marry me, otherwise I would not have supported him. I want to report him to the police for misleading me. Please advise if it is a criminal offence in Tanzania for a man who promises to marry a woman to later back out of his promise.
MJ, Dodoma
Unfortunately, there is no such criminal offence in the Tanzanian Penal Code. However, section 69(1) of the Law of Marriage Act [Cap. 29 R.E. 2019] (LMA) provides that a suit may be brought for damages for the breach of a promise of marriage made in Tanzania whether the breach occurred in Tanzania or elsewhere, by the aggrieved party, provided that (a) no suit shall be brought against a party who, at the time of the promise, was below the age of 18 years; (b) no damages shall be awarded in any such action in excess of loss actually suffered as a result of expenditure incurred as a direct result of the promise.
Further, a suit may similarly be brought in respect of the breach of a promise of marriage made in any other country but only if such an action would lie under the law of that country as well as under the LMA. Note that the law does not permit suits for specific performance of a promise of marriage i.e. to force one party to marry another. Be mindful that there is also a time limitation. Section 70 of the LMA provides that, notwithstanding the provisions of any law regulating limitation of actions for the time being in force, no suit shall be brought for damages for the breach of a promise of marriage more than 1 year after the date of the breach.
If you believe that you had a contract with your then-partner, you can sue him in civil proceedings for recovery of sums that you have invested in his business; especially if it was clear that you were only investing in his business and providing him with funds because he promised to marry you. We are sorry for what you are going through and we wish you all the best. Your lawyer can guide you further.