Hi,
My wedding was conducted at my place and we made all the arrangements. The girl's parents agreed (verbally) to bear the marriage expenses. They transferred X amount before marriage and Y amount after marriage to my parent's account towards marriage expenditure. Can they claim that as dowry???
There was no dowry given or taken in my marriage. But there is no written proof only witnesses(relatives). Please suggest what can me and my family do to protect ourselves as we are facing a threat. Thank you.
The marriage expenses shared by both the families cannot be treated as dowry amount but in your case the girl's side have given the amount twice, once before marriage and second time after marriage. The said transactions have been done through banking transactions so that the concrete evidence for whatever worth it is have been created by the girl's side in advance, thus it is you who have got to defend yourself in the future with the help of the witnesses on your side to say that the said amount was not over the dowry but was towards the shared expenses of the marriage.
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In India, dowry is called Dahej in Hindi, and Jahez in Arabic (derived from Islamic jahez-e-fatimi).[68] In far eastern parts of India, dowry is called Aaunnpot.[69] Dowry is a payment of cash or gifts from the bride's family to the bridegroom's family upon marriage. It may include cash, jewellery, electrical appliances, furniture, bedding, crockery, utensils and other household items that help the newly-weds set up their home.
In India, the dowry system puts great financial strain on the bride's family. Payment of dowry is now prohibited under The 1961 Dowry Prohibition Act in Indian civil law and subsequently by Sections 304B and 498a of the Indian Penal Code (IPC). Despite anti-dowry laws in India, it is still a common illegal practice. Other laws attempting to address the problem include the Dowry and Bridal Gifts Restrictions Rules, 1976 and the Dowry Prohibition (Maintenance of Lists of Presents to the Bride and Bridegroom) Rules, 1985, which are intended to document gifts and provide complainants with stronger evidence in the event that prosecution for crimes against the bride occurs later.
Dowry in India is not limited to Hindus or any specific religion. It is widespread. For example, Indian Muslims call dowry as jahez, justify the practice in terms of jahez-e-fatimi. Islamists classify jahez into two categories: The first comprises some essential articles for the outfit of the bride as well as for conjugal life. The other is made up of valuable goods, clothes, jewelry, an amount of money for the groom's family, which is settled on after bargaining. The jahez often far exceeds the cost of the baraat and marriage parties. The jahez is separate from cash payment as Mahr or dower that Sharia religious law requires
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-
Thank you for the explaination Nadeem Sir. In my case there was nothing given or taken accept for the the money the in laws deposited in my parents account for booking of marriage venue and other marriage expenses as they are from another state and couldn't make the arrangements themselves. We have the bills for all the expenditure.