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DOWRY LAW FAQS


Dowry Law Faqs

The act of taking or giving dowry was banned in India in 1961. It has been more than 55 years yet people still have some important and genuine doubts when dealing with this evil. Here are some frequently asked questions people have in their minds when going through the legal battle of dowry.

Dowry and Stridhan


  • How is dowry different from Stridhan?
    Dowry consists of all articles which are given to the groom’s side by the bride’s side in consideration of the marriage, either before or after the marriage whereas Stridhan involves all articles given only to you by both the groom as well as the bride’s side, either before or after the marriage. 


  • What is Stridhan?
    Stridhan is the property that a woman obtains at the time of her marriage in the form of gifts and presents by relatives and friends. It is very different from dowry because it is given to a woman voluntarily before or after her marriage and has no element of coercion. 


Dowry Demand


  • ​How much time will it take to fight a dowry case?
    Usually it takes 4 to 6 years depending the fact, circumstances and severity of the case. But in certain exceptional cases, where the evidences and witnesses are very convincing, it takes around 2 to 3 years.


  • What legal action can I take against my would-be-in-laws, if they demand dowry before marriage?
    You can report the matter to nearest police station where the demand for dowry was made, under section 4 of Dowry Prohibition Act, 1961. This Act provides various provisions related to the dowry crimes and the punishment in the respective matters
    After the case for dowry demand has been proved, you can recover all the expenses incurred by you at the time of marriage, along with the mental distress undergone by you.


  • ​Who is a Dowry Prohibition Officer? How to contact one?
    The role of a DPO is to prevent the taking or supporting of dowry demand, as far as possible. These officers collect evidences, conduct preliminary inquiries on receiving complaints regarding dowry and prepare case history and help the public in getting the case registered with the police.
    Generally sub-divisional magistrates, city magistrates and police officer of a high rank are appointed as a dowry prohibition officers and he shall have the power of a police officer. You can know about the DPO of your area by contacting the family court of your district.


  • ​Can’t I get any gift at my marriage? Will receiving gifts be treated as dowry?
    Yes, you can receive gifts on your marriage provided you a make list of gifts exchanged during marriage ceremonies. The list must clearly state all the gifts, in form of a sworn affidavit. The same needs to be notarized and signed by a protection officer and kept by both the parties. It is advisable to get the list notarized and signed to avoid a heavy penalty i.e. three-year imprisonment.


Dowry Cruelty


  • ​Can I get maintenance for staying away from my husband if he beats me and asks for dowry?
    Yes you can apply for maintenance under section 125 of Criminal Code of Procedure. You do not necessarily need to get divorce to get maintenance from your husband. 

  • What is the punishment for demanding or taking dowry?
    If any person takes or abets, giving or receiving of dowry from you, he shall be punished with imprisonment for 5 years and a fine not less than 15,000 or the value of the dowry received.

False Dowry Cases


  • I live in a separate house with my wife and my parents have their own house. Can they still be charged under 498A by my wife?
    Yes, a false complaint can trap you in a fake 498A case.

  • I am accused by my wife and falsely charged under 498A case. How can I save myself?
    You must immediately get an anticipatory bail by applying for the same in the Sessions court or the High court.It is advisable that you to hire a well experienced lawyer, who can represent you in court and help you attain the anticipatory bail. Further, you should try to generate proofs and collect evidences to prove her false allegations and defend yourself patiently because judicial process takes time.


Bail in Dowry Cases


  • Can I get an anticipatory bail when no FIR has been filed?
    In such a situation, since there are no grounds for granting an anticipatory bail, your lawyer must request the court to grant you a pre-arrest notice instead. If granted, use this pre-arrest notice period to apply for anticipatory bail.In case your bail application is rejected, you can apply to the High Court and further to Supreme Court.


  • What can I do if the police officer denies to take down my complaint?
    In such a situation, you may contact the SP of your region or go to the Court, the court may then either itself take charge of the matter or direct the appropriate police officer to do so. You can also take help from local media and NGOs of your city.

  • I live in USA. My wife has filed a dowry case against me and my parents in India. How do I save myself from arrest when I land in India?
    You can apply for a Transit bail and save yourself from arrest when you land in India.

Dowry in Muslim Law


  • I am Muslim. Can my husband demand dowry?
    No, your husband cannot demand any dowry from you, instead he is required to give you “Mahr” or “Dower” as per Muslim personal law.It is your fundamental religious right to get Mahr. It establishes your financial independence from your parents as well as your husband. Neither your husband nor his parents have any legal claim over Mahr given to you. 


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