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MrDinoMorea (O)     31 January 2013

Are these items included as dowry?

The rings and jewellery exchanged at the time of engagement and marriage - do they constitute dowry?


Learning

 14 Replies

ASIT ( )     31 January 2013

No it will considered as Gifts.

MrDinoMorea (O)     31 January 2013

@Niyas So in court if the wife tries to bring it as evidence for Dowry taken, will that have any value?

Chetan Joshi (Advisory/Advocacy)     31 January 2013

A judgement should not solely rely on the basis of a RING....

 

 

Regards

Chetan(dot)7679(at)gmail(dot)com

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     02 February 2013

Dear Querist

as per section 

2. Definition of ‘dowry’.-

 

In this Act, "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 parent 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 1[or any time after the marriage] 2[in connection with the marriage of the said parties, but does not include] dower or mahr in the case of persons to whom the Muslim Personal Law (Shariat) applies.

 

3[***]

 

Explanation II.—The expression “valuable security” has the same meaning as in section 30 of the Indian Penal Code (45 of 1860).

 

Comments

 

(i) The word ‘dowry’ should be any property or valuable given or agreed to be given in connection with the marriage. The customary payments in connection with birth of child or other ceremonies are not involved within ambit of dowry; Satbir Singh v. State of Punjab, AIR 2001 SC 2828.

 

(ii) “Dowry” in the sense of the expression contemplated by Dowry Prohibition Act is a demand for property of valuable security having an inextricable nexus with the marriage, i.e., it is a consideration from the side of the bride’s parents or relatives to the groom or his parents and/or guardian for the agreement to wed the bride-to-be. But where the demand for property or valuable security has no connection with the consideration for the marriage, it will not amount to a demand for dowry; Arjun Dhondiba Kamble v. State of Maharashtra, 1995 AIHC 273.

 

(iii) Any property given by parents of the bride need not be in consideration of the marriage, it can even be in connection with the marriage and would constitute dowry; Rajeev v. Ram Kishan Jaiswal, 1994 Cri LJ NOC 255 (All).

 

(iv) The definition of dowry is wide enough to include all sorts of properties, valuable securities, etc., given or agreed to be given directly or indirectly; Vemuri Venkateswara Rao v. State of Andhra Pradesh, 1992 Cri LJ 563 AP HC.

 

(v) There had been no agreement between either parties to give any property or valuable security to the other party at or before or after the marriage. The demand of T.V., refrigerator, gas connection, cash of Rs. 50,000 and 15 tolas of gold are not demand of dowry but demand of valuable security in view of section 2; Shankar Prasad Shaw v. State, I (1992) DMC 30 Cal.

 

(vi) While dowry signifies presents given in connection with marriage to the bridal couple as well as others, Stridhan is confined to property given to or meant for the bride; Hakam Singh v. State of Punjab, (1990) 1 DMC 343.

 

(vii) Dowry, means, any property given or agreed to be given by the parents of a party to the marriage at the time of the marriage or before marriage or at any time after the marriage in connection with the marriage. So, where the husband had demanded a sum of Rs. 50,000 some days after the marriage from his father-in-law and on not being given became angry, tortured the wife and threatened to go for another marriage, it was held that the amount was being demanded in connection with the marriage and it was a demand for dowry though it was demanded after the marriage; Y.K. Bansal v. Anju, All LJ 914.

 

(viii) The furnishing of a list of ornaments and other household articles such as refrigerator, furniture, electrical appliances, etc., at the time of the settlement of the marriage amounts to demand of dowry within the meaning of section 2 of the Dowry Prohibition Act, 1961; Madhu Sudan Malhotra v. K.C. Bhandari, 1988 BLJR 360 (SC).

 

(ix) A sum of money paid by a Mohemmadan in connection with his daughter’s marriage to prospective bridegroom for the purchase of a piece of land in the joint name of his daughter and would-be son-in-law is not ‘dowry’ within the meaning of the Act; Kunju Moideen v. Syed Mohamed, AIR 1986 Ker 48.

 

(x) Where the demand was made after the marriage for the purchase of a car, it was held that it did not fall within the definition; Nirdosh Kumar v. Padma Rani, 1984 (2) Rec Cr R 239.

 

(xi) Where the demand was made at the time when marriage ceremony was in progress and was repeated after the marriage, it was held that it fell within the definition of dowry; L.V. Jadhav v. Shankar Rao, (1983) 2 Crimes 470.

 

(xii) Definition of ’dowry’ is not restricted to agreement or demand for payment of dowry before and at the marriage but also includes demands made subsequent to marriage; State of Andhra Pradesh v. Raj Gopal Asawa, AIR 2004 SCW 1566.

 

(xiii) Demand of dowry in respect of invalid marriage would not be legally recognisable; Reena Aggarwal v. Anupam, AIR 2004 SC 1418.

 

Feel Free to Call

 

Nadeem Qureshi (Advocate)

email : nadeemqureshi1@gmail.com

web:    nadeemqureshi498a.webs.com

Mob: +91  9953809956

          +91 8802305262

1 Like

RAKHI BUDHIRAJA ADVOCATE (LAWYER AT BUDHIRAJA & ASSOCIATES SUPREME COURT OF INDIA)     02 February 2013

Well explained by Md. Nadeem Qureshi!

Sudhir Kumar, Advocate (Advocate)     03 February 2013

Nadeem Qureshi has elabborated the law.  if the ring is in consideration of marraige even this will beDowry othersife it is customary gift

ASIT ( )     04 February 2013

@MrSunilShetty Dowry giving and accepting is equally punishable under Indian Law. Therefore they will not say they gave dowry to you.

siranjeet (JE)     04 February 2013

if girl side say it is dowry ..................................................then dowry

if girl side say it is gift.........................................................then gift

all is well untill all is well

so u must deny it or can say it as customary gift as customary gifts are not dowry

Ran singh vs State of haryana   30 Jan 2008 supreme court(customary gifts) (2008) 4 SCC 70

gud luk


(Guest)

I differ to the opinion of Mr. Nadeem as he has cited the half truth.

 

The explanation of dowry as illustrated by a numbered comments is not applicable to the whole of india. These comments are state amendments.

 

Infact there is a bill suggested by NCW for DPA amendements is still pending in parliament.

 

Further, what constitutes dowry is a question of fact and decided on case basis.There is no unison in various decisions by various high courts on this matter.

 

In the case of  'APPASAHEB AND ANR. V. STATE OF MAHARASTRA' the Apex court observed following things in view of the definition of dowry in section 2 of DPA 1961.Here it goes like-

 

In view of the aforesaid definition of the word "dowry" any property or valuable security should be given or agreed to be given either directly or indirectly at or before or any time after the marriage and in connection with the marriage of the said parties. Therefore, the giving or taking of property or valuable security must have some connection with the marriage of the parties and a correlation between the giving or taking of property or valuable security with the marriage of the parties is essential. Being a penal provision it has to be strictly construed. Dowry is a fairly well-known social custom or practice in India. It is well settled principle of interpretation of Statute that if the Act is passed with reference to a particular trade, business or transaction and words are used which everybody coversant with that trade, business or transaction knows or understands to have a particular meaning in it, then the words are to be construed as having that particular meaning. (See Union of India v. Garware Nylons Ltd., AIR (1996) SC 3509 and Chemicals and Fibres of India v. Union of India, AIR (1997) SC 558). A demand for money on account of some financial stringency or for meeting some urgent domestic expenses of for purchasing manure cannot be termed as a demand for dowry as the said word is normally understood.


In the case of 'SATVIR SINGH AND ORS. VS. STATE OF PUNJAB', the Apex court observed-

 

Thus, 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. Hence the dowry
mentioned in Section 304B should be any property or valuable security given or agreed to be given in connection with the marriage.

 

In view of the following decision,applying on the querist case, everything depends upon the circumstances. We have no any hard & fast rule for defining dowry.Time to time,The supereme court guidelines is issued in this regard.

 

Thanks,

Regards,

Sudhir Kumar, Advocate (Advocate)     05 February 2013

I believe Mr Qureshi only reproduced the exact definition of dowry and did nto add his views.  So this is the law of the land open for interpretation by judiciary in given cases.


(Guest)
Originally posted by : Sudhir Kumar

I believe Mr Qureshi only reproduced the exact definition of dowry and did nto add his views.  So this is the law of the land open for interpretation by judiciary in given cases.

I believe, even citing the exact definition, in reply to a query,also constitutes a way to express one's own opinion unless otherwise explained. Do you agree to disagree!!!

 

Further,there are various state amendents which were not cited or explained in the given defintion. When a query is asked,the answer does not lie in the bare acts itself ,but in the interpretation and that's why such exact defintions lacking explanation or exact applicability are called bare acts.

 

Hope that's enough to clarify.

 

Thanks,

Regards,

MrDinoMorea (O)     06 February 2013

@Niyas Aslam.... but that is what those fools are going on saying.They are saying that they GAVE dowry, they GAVE dowry becase I demanded, which is not true. I haven't taken anything

ASIT ( )     07 February 2013

The court will decide matters considering the merits of the evidences. If they say they gave you dowry or gifts, then they have to prove it i the court. You can also submit available evidences to the court to prove your innocence.

D.N.Barola (Socio-political worker)     25 October 2013

I require the Judgement 'Nirdosh Kumar v Padma Rani 1984 (20 Rec Cr. R239'

Can anybody help. In this Judgement it has been explained ' car is not dowry' Thanks

DN Barola


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