Breach of promise to marry

5.-(1) No action shall be brought claiming the specific fulfilment of a promise to marry and, subject to subsection (2), no action shall be brought claiming damages stipulated or otherwise, for a breach of a promise to marry.

(2)(a) If a party to a betrothal, without just and sufficient reason, breaks his promise to marry, or if the betrothal is dissolved for some reason for which such party is responsible, such party shall be liable to pay to the other party and to the parents of such other party or to any third party who had acted in loco parentis for such other party in connection with the betrothal any expenses incurred by such other party, parents or third party regarding preparations made in good faith in connection with the betrothal and in contemplation of the marriage.

(b) If a party to a betrothal is, by reason of the breach of the promise to marry, seriously injured in his person or reputation, the Court may, if of opinion that the breach was due to the fault of the other party, award to the innocent party such compensation as it may think fit in addition to any amount payable under paragraph (a) above:

Provided that, upon the death of an innocent party, the right of action shall not devolve upon the heirs of such party, unless-

(i) the other party has agreed in writing to may compensation under this paragraph; or

(ii) prior to the expiration of the period set out in subsection (3), an action had been brought by the innocent party claiming compensation under this paragraph.

(c) The return of presents made to the betrothed by reason of their betrothal may, upon dissolution of the betrothal, be demanded by the persons who had given the same and, if such presents are no longer in existence, the party concerned shall be liable to pay their equivalent value:

Provided that, if the betrothal comes to an end by the death of one of the parties, no claim for the return of the presents shall be entertained.

(3) No action shall be brought for or in respect of any matter set out in subsection (2) after the expiration of one year from the date on which the cause of action accrued.