Can customary gifts be used as proof for filing false dowry case

525 votes

Hindu marriages are conducted according to customary rites and practices and it can include exchange of gifts between bride and grooms family.It can be used to counter false dowry allegation if there is no other evidence to show/prove otherwise.

LawRato LawRato

847 votes

Anything that a bride’s parents gift, just to their daughter and not to the groom, is the sole property of the bride and under the law it is called Stree Dhan (The Wife’s Property).This can be given before, during, or after the wedding.Streedhan includes property that a woman inherits or gifts given to her in cash or kind by her parents, siblings, and also husband and in-laws.The woman is the absolute owner of her Stree Dhan and the husband and his family have no right over it.If the woman gives her stree-dhan to her husband and or in-laws for safe-keeping, then they are only trustees and must return it when she asks for it.

If a bride’s parents want to give the newly married couple gifts for the wedding of their own choosing, without being pressured or asked, and they do not want this to be seen as ‘dowry,’or a violation of the Dowry Prohibition Act, then they should have a list drawn up by their lawyer, with details (description, cost etc.) of the gifts they are giving to the couple, and declare that these are gifts they are giving to the couple of their own choosing.Anything that is given to the bride and groom jointly as a wedding gift, belongs to both of them, and cannot necessarily be legally accounted for later on in case a situation warrants a separation.

Any kind of demand made by the groom or his family, that involves a direct or indirect “deal” in connection with the wedding, is considered a dowry. This demand can be made before, or during, or after the wedding.It can be cash, valuable security, property or any other favors.

If the bride’s party feels that giving certain things is a pre-condition for the wedding to take place, and they give it because they worry the marriage will be called off – then it is dowry.f the bride’s family says it cannot afford something and the groom’s family starts negotiating a ‘lesser deal,’ – that is still dowry.Or after the wedding, if the bride or her family feel like that they either directly or indirectly are expected to meet demands for purchases, money, favors (social, political, economic), — as compensation for marrying their daughter into that family, then these are dowry demands.

Under the Dowry Prohibition Law it is an offense to both take dowry OR to give dowry. So the groom and his family who have taken dowry can be charged. And if the bride’s family has complied with the dowry demand and given dowry, they can also be charged as guilty as under this law.
The punishment for violating the law is 5 years imprisonment + Rs.15000/- fine or the value of the dowry given, whichever is more.

Advocate Ajay NS LawRato

561 votes

This is a riddle than a query. What is the real issue? Any how. there is no legal objection for the brides family to present gifts the bridegroom or his family. Such gifts are meant for the welfare of the bride and forms the personal property of the bride - 'stridhan'. which is quite different from dowry.

Advocate P Venu LawRato