Venkatesh N (Salaried) 05 November 2013

Is marriage expense transferred by girl's side termed dowry?

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.

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T. Kalaiselvan, Advocate (Advocate) 05 November 2013

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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Venkatesh N (Salaried) 05 November 2013

Sir, They are fm Kerala n we fm Andhra. It was not possible for them to make arrangements in my town. So we took the responsibility of setting up everything. And they transferred money so we could make the bookings etc. and pay the remaining bills after marriage. The second amount transferred for settlement of bills was very less. I understand I am trapped. But can't we tell court that had it been dowry why did they pay it in the first place, they could hv declined in the begining. And why would we take money in our account if we had to take dowry. And secondly isn't giving dowry an offense as well? I know I am trapped but I'm being honest and falsely implicated due to a broken marriage. I'm ready to fight as I haven't done anything wrong. Please guide if there's anyway I could prove my innocence. What are the chances of me getting acquitted if 498a case is lodged against me. I have call recordings where they are asking for marriage expense back. Thanks for your comments.

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com) 06 November 2013

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-

(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 a other person, to either party to the marriage or to any other person; at or before or after the marriage us consideration for 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. Explanation I.- For the removal of doubts, it is hereby declare that any presents made at the time of a marriage to either party to the marriage in the form of cash, ornaments, clothes or other articles, shall not be deemed to be dowry within the meaning of this section, unless they are made as consideration for the marriage of the said parties.
Explanation II.- The expression" valuable security" has the same meaning as in section 30 of the Indian Penal Code. (45 of 1860 .)

Venkatesh N (Salaried) 07 November 2013

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.

Do you think I can still be implicated in false dowry case and would the court accept my explaination?
What can I do to prove that it wasn't dowry? Thanks.

Saurav 19 March 2017

Dear Venkatesh , can you share update of your case, actually I have been trapped in same situation.. expert also suggest mere transaction/money given for marriage experiences can't be claim as dowry unless there is demand .

Sudhir Kumar, Advocate (Advocate) 25 March 2017

Can they claim that as dowry???
WHY NOT

Sudhir Kumar, Advocate (Advocate) 25 March 2017

There was no dowry given or taken in my marriage. But there is no written proof only witnesses(relatives).

YOU TOLD THAT THERE IS WRITTEN PROOF

Sudhir Kumar, Advocate (Advocate) 25 March 2017

It was not possible for them to make arrangements in my town. So we took the responsibility of setting up everything.

NORMAL TRADITION IS THAT IT IS BOY'S FAMILY WHO GOES TO GIRLS TOWN FOR MARRIAGE AND SOME GREEDY PARENTS OF BOY WANT TO SAVE TRANSPORT EXPENSES AND COMPEL OTHER PRTY TO COME TO THEIR TOWN AND SPEND 2-3 TIMES MONEY. OR ELSE NO MARRAIGE.

Girls parent never do this coluntarily unless compelled.

This in itself is dowry demand.

Sudhir Kumar, Advocate (Advocate) 25 March 2017

So we took the responsibility of setting up everything.

SO THEY WERE TO DEPEND ON YOUR ARRANGEMENTS AT THEIR EXPENSES.

Sudhir Kumar, Advocate (Advocate) 25 March 2017

I understand I am trapped.

YES YOU TRAPPED YOURSELF

Sudhir Kumar, Advocate (Advocate) 25 March 2017

But can't we tell court that had it been dowry why did they pay it in the first place, they could hv declined in the begining.

EVERY ACCUSED OF DOWRY TRIES THIS. ONE CANNOT BE PUNISHED FOR BEING A VICTIM.

they could have declined in the beginning and get a NO to marrige (you never sated that you were willing to go to their town with all frinds and relatgive at your expenses). So prima-facie it is pre-condition to the marriage.It is dowry.