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Offence of demand of dowry-marriage is not necessary.

Offence of demand of Dowry-marriage is not necessary.

 

The definition of dowry quoted above would

include any property or valuable security given or agreed to

be given at or before the marriage in connection with the



marriage. Here in this case, demand is just five days before

the   marriage.    Second     respondent      had   made     all

arrangements for the marriage. Then comes the demand.

Section 4 would show that a demand, directly or indirectly

for dowry from the parents or relatives or guardian of a

bride or bridegroom would make out offence under section

4 of the Act. Bide or bridegroom would cover persons, who

are parties to a proposed marriage, even before the

marriage. Therefore, to establish offence under section 4 of

the Act, marriage is not necessary. Demand for dowry even

before the marriage would establish offence under section 4

of the Act. In this case the courts below concurrently found

that there was demand for dowry after the engagement and

before the marriage. Such demand would make out the

offence under section 4 of the Act.

 IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT:

               THE HONOURABLE MR.JUSTICE. P.S.GOPINATHAN

       

                   Crl.Rev.Pet.No. 1627 of 2006 ( )
                    --------------------------------


     1.  SUNIL, S/O.BHASKARAN,
       

V

     1.  STATE OF KERALA, REPRESENTED BY
     

Dated this the 11th day of October, 2012

https://www.lawweb.in/2013/06/offence-of-demand-of-dowry-marriage-is.html



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