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