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(Guest)

Mega thread: what is not a dowry

in this thread i am giving a list of judgement of what transaction will not be treated as dowry by the court. here is the list:

 

what is dowry:

furnishing of a list of ornaments and other household articles such as refrigerator, furniture and electrical appliances etc., to the parents or guardians of the bride, at the time of settlement of the marriage, prima facie amounts to demand of dowry within the meaning of Section 2 of the Act.

Madhu Sudan Malhotra v. K.C. Bhandari [(1988) Supp. 1 SCC 424]

Ashok Kumar vs State Of Haryana on 8 July, 2010,CRIMINAL APPEAL No. 1489 OF 2004

what is not a dowry

1] demand of money for financing a film cannot be said to be a demand of dowry.

Virender Singh v. State of Haryana, 2004(1) RCR (Criminal)625;



2] demand for money on account of financial stringency or to meet some urgent  domestic expenses or purchase of the car cannot be termed as demand of dowry.

Appasaheb & another v. State of Maharashtra, (2007)9 SCC 721.


3]the payments which are customary payments, for example, given at the time of  birth of a child or other ceremonies as are prevalent in the society or families to  the marriage, would not be covered under the expression `dowry'.

Ram Singh v. State of Haryana [(2008) 4 SCC 70]

Satbir Singh v. State of Punjab [AIR 2001 SC 2828]

 


more are coming.............



Learning

 3 Replies

N.K.Assumi (Advocate)     11 June 2012

Thanks.


(Guest)

more cases: what is not a dowry

 

4] Unless there is an agreement for dowry, at the time of marriage or in connection with marriage, it would not qualify to be a dowry within such definition, hence no offence under Section 304-B I.P.C. Merely expressing the grouse of asking for fridge or TV would not by itself constitute to be a dowry within the said definition in the absence of any agreement.

Pawan Kumar & Ors vs State Of Haryana on 9 February, 1998

 

5] 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.
 

 

It is true that demanding of her share in the ancestral property will not amount to a dowry demand

 

Baldev Singh vs State Of Punjab on 4 August, 2008 CRIMINAL APPEAL NO. OF 2008 (Arising out of SLP (Crl.) No.7932 OF 2007)

 

more cases are coming soon...............

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     14 June 2012

good work.

 


Regards,
 
Shonee Kapoor
harassed.by.498a@gmail.com

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