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Deepak Aggarwal   29 December 2021

legal written before marriage

I am a divorcee male and my mother see a sc caste girl ,BPL family girl for my marriage.
we don't want a sinlge rupee from them.
but we want just assure that no SC case and dowry cases are filled against me after marriage.
is there is any provision of written statement , in law, can I take something like this in written.
please guide


Learning

 1 Replies

Kawmini Liyanage   29 December 2021

Greetings!

In order t answer your query, the issue with dowry comes under the purview of the Dowry Prohibition Act of 1961. According to the Act Dowry is illegal. Any act to take or give dowry is punishable in India. The Indian Penal Code lays down the anti-dowry law with regards to

  • Section 304B -dowry deaths, under 
  • Section 498A -cruelty or domestic violence for dowry demands 

The offenses are non-bailable, which means that the accused husband or family member cannot get bail once arrested by the police.

In the event the court finds one guilty of the aforementioned offences, the punishment can be imprisonment for up to 5 years and a fine of Rs. 15,000 or an equal value to the given dowry, whichever is more.

Any woman or her closest family members have the ability to take action if she is victimized by dowry-seeking. Sunil Bajaj v. State of M.P judgment clearly showcases the application of anti-dowry law.

However, there's a possibility of misusing anti-dowry laws and provisions which was clearly depicted in the cases of the infamous Ambati case and Akula Ravinder v. the State of A.P. hence, in order to prevent such a situation it is wise to maintain a register during the marriage festival as for all the received gifts. And coming into an agreement with both parties relevant to not needing any dowry and gifts.  

Regards,

Kawmini Liyanage.


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