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STUDENT.... (.......)     02 November 2016

No dowry given

Dear Members,

I need your expert advice/help on the "Declaration By Fiancee No Dowry Given".

I am going to get marry soon and Fiancee is ready to give Declaration in writing on STAMP PAPER that she and her family members have accepted that they won't give any Dowry before/while and after marriage to grooms family.

I would like to register the declaration in court the so that in future if my marriage gets desolve due to any reason I or any of my family member can't be prosicuted for such offence.

Also I want to register the list of gifts which the bride family is giving to her daughter and son in law.

Also, I want to register the declaration in which the girl is ready to mention that she won't file any charges against me and my family members for any reason (For e.g. Dowry/498A/Illict Relationship and so on).

Hence, I would like to request please let me know the procedure to register the same and also share the Draft of such Declaration's.

 

Thanks in Advance.



 14 Replies


(Guest)
Heehee am at wits end. Lol. You resemble my younger brother ! He also took in writing blah blah... No dowry won't file 498a. Etc.. But his dear bv filed na full package, making me also a party to case. It took nearly 10 years for cases to get over. One case is still pending which is DV case. Don't know when it will be over. By the way I am a Lawyer, and can be reached through phone. All that won't work. If she wants to trouble u, she can. And there is no cover of any type. Just enjoy the blows.

Sachin (N.A)     02 November 2016

Dear Quriest,

Its good that your fiancee is ready to cooprate with you. You can take the benefit by making a list of items which is going to be gifted from either side at the time of marriage or for the purpose of marriage legally termed as stridhan .

No stamp paper required for that , you can write all things on plane paper  and there approximate value.and duly signed by both of you and your parents and both can keep one copy. This can save you sec 406 and it is one of the most misused section in matrimonial cases.

 

This provsion is mentioned is Dowry Probitioion Act.

 

Rules in accordance with which lists of presents are to be maintained

 

(1) The list of presents which are given at the time of the marriage to the bride shall be maintained by the bride.

(2) The list of presents which are given at the time of the marriage to the bridegroom shall be maintained by the bridegroom.

(3) Every list of presents referred to in sub-rule (1) or sub-rule (2)  

(a) shall be prepared at the time of the marriage or as soon as possible after the marriage;

(b) shall be in writing;

(c) shall contain:

(i) a brief descriptttttion of each present; (ii) the approximate value of the present;

(iii) the name of the person who has given the present;

and (iv) where the person giving the present is related to the bride or bridegroom, a descriptttttion of such relationship; 

 

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.

 

For rest of the cases like 498A there is no shield as it deals cruelty after marriage for the purpose of dowry So, you cant use any written document as sheild.

 

For maintenaince related cases , if she is working then no maintenaince and if not working then maitenaince.
 

 

1 Like

Ms.Usha Kapoor (CEO)     02 November 2016

Consideration:
Something of value (either a promise, an act or an object) that a promisor receives from a promisee in return for his promise.

Bilateral Contract:
A contract where the parties exchange a promise for a promise.

You botH enter into  a legally valid  bilateral contract which is binding  with  exchange of  Reciprocal Mariages instead of monetary consideration that  she extracted PROMISE from you  not  to give dowry with her family members approval and you in turn extracted a promise from her that  she would not harass you and your family members and also file false  section 498 A and othe rcriminal proceedings unde DV act. It's good and you are proceeding in the right direction.Offer , acceptence, consideration being reciprocal promises and  legal objet for  an  honouraboe  and noble cause you both entered into Deed of Bilateral Contract on a stamp  paper and get it registered.If you want t subsequnrtly you both file a  Joint declaratory suit declaring that  court recognise your  respective reciprocal promises to the marriage and  ultimately declare your rmutual rights ands obligations towards each other and would award you declaratory decree.If you APPRECIATE THIS ANSWER PLEASE CLICK THE  THANK YOU BUTTON ON THIS FORUM.

1 Like

Sachin (N.A)     02 November 2016

Advice of Ms.Usha Kapoor is highly incorrect.

 

 

Agreements before marriage are neither legal, nor valid under the marriage laws because they do not consider marriage as a contract. In India, marriage is governed by religious laws,


 

In short, its nothing more than just a "piece of paper" under the current laws... Settelment deed or contracts  can be a handy tool for couples who want an amicable end to a marriage. But if one party decides to fight it out, this document has no meaning.

Sachin (N.A)     02 November 2016

Moreover how can you ask a girl  before marriage that she will not file any case of 498A. Its obvious she will say if her inlaws not harras her she will not file any case and if they harras her she will file the case. No contract can stop her to use her constitutional rights.

Jatin Mittal (Corporate Lawyer)     02 November 2016

A private contract cannot override the provisions of law. Even if as on date, you take everything in written, the remedies available in law shall always supersede the contract.

P. Venu (Advocate)     02 November 2016

It appears that not yet mature to be  a married man.


(Guest)

Ha ha ... :)  Good one.

STUDENT.... (.......)     03 November 2016

@P. Venu: Do you really think so that after seeing that on every 2nd day there is a complaint filled in 498A/Dowry and so on against Husband and In-Laws and you are talking about maturity.

 

Is it wrong if someone want to protect his family and himself from any such incident.

Why people take Life Insurance and Medical Insurance for themself and for there family members incase they also think like you than no one will think about there family & for themself and will not be able to protect from mishappening which may occur but still everyone in this world is prepare and thats why they have taken policies.

I would request Mr. P Venu if you can't help than please stop writing as well.

STUDENT.... (.......)     03 November 2016

@Sachin/Jatin: There is a difference between Contract (Synonyms: Agreement) and Declaration (Synonyms: Memorandum/Statement).

Sachin (N.A)     03 November 2016

Originally posted by : STUDENT....
@Sachin/Jatin: There is a difference between Contract (Synonyms: Agreement) and Declaration (Synonyms: Memorandum/Statement).

 

So.

Please educate all of us that " How can you ask a girl to sign /agreement/contract/ declare that she will not use her constitutional rights?

 

Other members are right you are not enough mature to be married?

May i ask why are you marring a girl whom you don't trust.?

 

I have already told you that how can you save yourself from false 406 ipc  for rest no cover like your insurance cover as expected by you.

Just-a-Lawyer   05 November 2016

Fully agree with Sachin on both counts. The list for items received/gifted during the course of marriage ceremony is your best bet. As pointed out, judgment by Justice S. N. Dhingra in the case of Neera Singh vs. State (Govt. of NCT of Delhi) dated 23.02.2007:

"I consider time has come that courts should insist upon disclosing source of such funds and verification of income from tax returns and police should insist upon the compliance of the Rules under Dowry Prohibition Actand should not entertain any complaint, if the rules have not been complied with. Rule 2 of the Dowry Prohibition(Maintenance of List of Presents to the Bride and Bridegroom) Rules, 1985 reads as under:

2. RULES IN ACCORDANCE WITH WHICH LISTS OF PRESENTS ARE TO BE MAINTAINED.-(1) The list of presents which are given at the time of the marriage to the bride shall be maintained by the bride.

(2) The list of presents which are given at the time of the marriage to the bridegroom shall be maintained by the bridegroom.

(3) Every list of presents referred to in Sub-rule(1) or Sub-rule(2)-

(a) shall be prepared at the time of the marriage or as soon as possible after the marriage;

(b) shall be in writing;

(c) shall contain:

(i) a brief descripttion of each present;

(ii) the approximate value of the present;

(iii) the name of the person who has given the present; and

(iv) where the person giving the present is related to the bride or bridegroom, a descripttion of such relationship.

(d) shall be signed by both the bride and the bridegroom.

5. The Metropolitan Magistrates should take cognizance of the offence under the Act in respect of the offence of giving dowry whenever allegations are made that dowry was given as a consideration of marriage, after demand. Courts should also insist upon compliance with the rules framed under the Act and if rules are not complied with, an adverse inference should be drawn."

Also, can't help but agree that, with all due respect, the proposition offered by Ms.Usha Kapoor is completely wrong...such an Agreement will fail the test of basic requiment of a Contract, i.e., its legal enforceability, and also being opposed to public policy if I'm not wrong.

Just-a-Lawyer   05 November 2016

BTW,@Student, who told you Contract and Agreement are synonyms?

sai narayana   07 November 2016

He is still a student, so please guide him instead of scolding :-)

Except the list of gifts, nothing is useful and even more dangerous to the bridegroom himeslef if he obtain such undertakings from bride so those must be avoided at any cost.


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