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Dowry Demand Dowry Demand Cruelty Return of Dowry Articles Police FIR / CAW Cell Dowry Death Domestic Violence
Q1. My fiancé and his parents are demanding dowry for my marriage, what to do?
Q2. My husband and in-laws are demanding dowry promised by my parents during my marriage, however, my parents are not in a position to fulfill the demands, what to do?
A. Q1 & Q2:
If any person demands dowry, property or valuable security, directly or indirectly, from the parents or other relatives or guardian of a bride as consideration for marriage, the bride or her parents can report the matter to the police and lodge F.I.R. under Section 4 of The Dowry Prohibition Act, 1961. Alternatively, Criminal Complaint can be filed directly before concerned Court. Another case covered is – when any property or valuable security was agreed to be given as consideration for marriage but the same was not actually given, and thereafter, demand was made for the same. Following Main aspects may kindly be noted: Mere demand is punishable under this section. Giving of dowry is not necessary. Existence of harassment or cruelty is not necessary. It is not necessary that the complainant has attained the status of wife by marriage.Q3. My fiancé / husband and his parents demanded dowry as a consideration for my marriage from my parents and they had to give the demanded dowry; but I want to take legal action for their illegal acts?
A.
If any person demands dowry, property or valuable security, directly or indirectly, from the parents or other relatives or guardian of a bride as consideration for marriage, and the bride or her parents give dowry, the matter can be reported to the police and F.I.R. lodged under Section 3 of The Dowry Prohibition Act, 1961. Alternatively, Criminal Complaint can be filed directly before Court. Following Main aspects may kindly be noted: Demand along with Giving of Dowry is necessary. Existence of harassment or cruelty is not necessary. It is not necessary that the complainant has attained the status of wife by marriage.Q4. My husband and in-laws are treating me cruelly and harassing, insulting, beating me to bring money, television, fridge, refrigerator, car, other goods, etc. from my parents, what to do?
A.
You can report the matter to the police and lodge F.I.R. under Section 498-A of The Indian Penal Code, 1860, which provides:Whoever, being the husband or the relative of the husband of a woman, subjects such woman to cruelty shall be punished with imprisonment for a term which may extend to three years and shall also be liable to fine.
"cruelty" means -
(a) any wilful conduct which is of such a nature as is likely to drive the woman to commit suicide or to cause grave injury or danger to life, limb or health (whether mental or physical) of the woman; or
(b) harassment of the woman where such harassment is with a view to coercing here or any person related to her to meet any unlawful demand for any property or valuable security or is on account of failure by her or any person related to her to meet such demand.
Following Main aspects may kindly be noted: Legal Status of Husband and Wife is a must for lodging F.I.R. under Section 498A of IPC. Harassment of wife or her family members by the Husband or his family members must be in regards to: -(i) Coercing her to fulfill such unlawful demand for any property or valuable security, or
(ii) For non-fulfillment of such unlawful demand for any property or valuable security.
However, it is not necessary that unlawful demand for any property or valuable security is by way of "consideration for the marriage” It is not every harassment or every type of cruelty that would attract Section 498A of I.P.C.; the beating, harassments, insults must be with a view to force the wife to either commit suicide or to fulfill the illegal demands of property or valuable security.Read further ... Return of Dowry Articles
Domestic Violence
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Last Updated: 18 July 2010