Dowry Laws in India

LEGALITY: Dowry is illegal in India under the Dowry Prohibition Act 1961.

OFFENDER: Under the said Act, both taking and giving of dowry is punishable.

PUNISHMENT: The punishment for violating the law is 5 yrs imprisonment and an Rs.15000 fine (or the value of dowry given, whichever is more)

SCOPE:

• Any demand made by the groom/his family which involves a direct/indirect deal with the family is considered a dowry.

• Demand can be in form of cash, property, or any other favors.

• Demand can be made before, during, or after the wedding.

HOW TO IDENTIFY A DOWRY DEMAND:

• Includes anything that the bride's side does not offer on its own

• Includes anything that the groom's side may ask for directions, or indirectly by dropping hints

• Any demand which makes the bride's side compelled to fulfill it

• Giving of anything as a pre-condition to marriage, without which the bride's side anticipates that the marriage might be called off

• Negotiation for a lesser deal from the groom's side when the bride's side is unable to fulfill the actual demand/'real deal'

• Making the bride's family fulfill demands as compensation for marrying their daughter after the wedding

WHEN IS A GIFT NOT DOWRY: In the following scenarios, the bride's side will not be violating any dowry laws:

• Gifts of their own choosing by the bride's parents to the newly married couple without being pressured or asked

• A list of such gift/s should be drawn up by their lawyer along with their cost and a declaration that they were given to the couple out of their own choosing

• The groom's family should have a copy of the said list

• Any gift for the couple will belong to both of them

WHAT IS STREEDHAN?

• Anything gifted by the bride's parents to her and not to the groom is the sole property of the bride and is called & lsquo streedhan' (the wife's property)

• Streedhan can be given before, during, or after the wedding

• Streedhan includes property inherited by the bride

• Also includes gifts given in cash or kind by her own family and/or husband's family

• Bride is the absolute owner of Stree Dhan

• Husband and his family have no right over it

• In case she leaves the marriage, she will get her Stree Dhan back

• In case of unforeseen death of the bride, streedhan is returned to the bride's family.
   

How can a lawyer help you in getting Bail?

Being charged with a crime, whether major or minor, is a serious matter. A person facing criminal charges risks severe penalties and consequences, such as jail time, having a criminal record, and loss of relationships and future job prospects, among other things. While some legal matters can be handled alone, a criminal arrest of any nature warrants the legal advice of a qualified criminal lawyer who can protect your rights and secure the best possible outcome for your case. You can also use LawRato's Free Legal Advice service to get free advice on your case from expert divorce/matrimonial lawyers. If you're facing criminal prosecution, a criminal lawyer can help you understand:

• The nature of the charges filed

• Any available defenses

• What plea bargains are likely to be offered and

• What is expected after trial or conviction.

Advocate Chikirsha Mohanty

4.0 | 2+ user ratings Greater Kailash - 1, Delhi
5 years

GET LEGAL HELP

GET LEGAL HELP

Googling your legal issue online?

The internet is not a lawyer and neither are you.
Talk to a real lawyer about your legal issue.

TALK TO A LAWYER