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 dowry  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

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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 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.
   

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Advocate Chikirsha Mohanty

Greater Kailash - 1, Delhi
5 years

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