CAN SOMEONE PLEASE TELL ME WHETHER LOAN BORROWED BY SON-IN-LAW FROM FATHER-IN-LAW WITHIN 7 YEARS OF MARRIAGE IS COVERED UNDER DOWRY? IF NOT WHY?
rahul (director) 19 February 2012
THERE IS A JUDGEMENT OF SC THAT LOAN IS NOT DOWRY,IF SON IN LAW HAVE LOAN LETTER/AGREEMENT/DEED,, THEN IT CANT BE TREATED AS DOWRY.
Kiran Kumar (Lawyer) 19 February 2012
if it is a loan then certainly it is not a dowry.
however, the things can be manipulated to make it a coercive demand of dowry...but it will not be in larger interest....more severe the allegations, lesser are the chances of compromise.
Apsira (chennai) 24 February 2012
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chethan (student) 28 February 2012
Md. Yusuf, a deceased Muslim was working in a company as a managing director had fallen in love with Yogitha, a Hindu who was also working in the same company. Both of them had gotten married without converting their religion. First they married according to the Islam rituals that of Nikha and later married according to the Hindu rituals by performing sapthapadi. After the marriage they practiced their own individual religion and Yogitha did not change her name too. After five yrs of marriage they gave birth to a male child. Md. Yusuf had purchased 5 acres of agricultural land and a 30’X40’ residential plot from his earnings before the marriage, parents were in possession of the same property and continue to posses. After the marriage Yogitha quit the job and became a house wife. All these things were not liked by the parents of Yusuf and they were living separately. After few days Yusuf died because of illness and without making any will. Yogitha claimed succession to his property to herself and on behalf of the minor child. But the parents of the deceased refused to give a share as they disputed the validity of the marriage with Yusuf and child as illegitimate. As a last resort a case was filed before the trial court by Yogitha before which she pleaded that she was into a “live in relationship with her deceased partner and she also pleaded that they lived like a husband and wife. The trial court dismissed the suit. Appeal filed before the High Court by Yogitha. High Court rejected her succession plea. Against the decision of the High Court Yogitha filed an appeal before the Supreme Court of India.
Argue either for the parents of the deceased or Yogitha