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Q1. What is “Dowry”?
As per Section 2 of The Dowry Prohibition Act, 1961,
“Dowry” means any property or valuable security given or agreed to be given either directly or indirectly —
(a) by one party to a marriage to the other party to the marriage; or
(b) by the parents of either party to a marriage or by any other person, to either party to the marriage or to any other person,
at or before or any time after the marriage in connection with the marriage of the said parties.
Only those articles are “Dowry” which are given or agreed to be given as regard or reason or motive for solemnization of marriage. Anything given after the marriage would be dowry if it was agreed or promised to be given as “consideration of marriage”.
There are three occasions related to dowry. One is before the marriage, second is at the time of marriage and the third is 'at any time' after the marriage. The third occasion may appear to be an unending period.
But the crucial words are 'in connection with the marriage of the said parties'.
This means that giving or agreeing to give any property or valuable security on any of the above three stages should have been in connection with the marriage of the parties.
There can be many other instances for payment of money or giving property as between the spouses. For example, some customary payments in connection with birth of a child or other ceremonies are prevalent in different societies. Such payments are not enveloped within the ambit of 'dowry'.
The Dowry Prohibition Act does not in any way bar the traditional giving of presents at or about the time of the wedding, which may be willing and affectionate gifts by parents and close relations of the bride to her.
Q2. What is “Dowry Demand”?
Any harassment by Husband or his relatives of wife with a view to coercing her or any person related to her to meet any unlawful demand for any property or valuable security in connection with the marriage, or harassment on account of failure by wife or any person related to her to meet such demand is defined as Dowry Demand.
Dowry Demands relates to demands of property or valuable security by the Husband or in-laws before or at the time of marriage.
Allegations of Dowry Demands have to be specific against each individual.
Dowry demanded must be by way of "consideration for the marriage”.
Cruelties or harassment of wife or her family members by the Husband or his family members must be in regards to: -
Coercing her to fulfill such Demands of Dowry, or
For non-fulfillment of such Dowry Demands.
Read further ... Dowry Demand Cruelty
|Read More ... Dowry Demand, Dowry Demand Cruelty, Return of Dowry Articles, Police FIR / CAW Cell, Dowry Death, |
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Last Updated: 18 July 2010