LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Srinivas.B.S.S.T ( Advocate)     28 June 2008

liability of Father In Law to return the Dowry

Wife
desires to file a suit for recovery of dowry amounts paid at the time of marriage. A petition is filed a per family courts act. Wife showed her father-in-law as 2nd respondent stating that as he received the dowry amount at the time of marriage, he is also jointly liable to repay along with the 1st Respondent, who is her husband.



Now the point is is the Father in Law laible to pay the amounts as claimed?



As per SC and HC rulings it is clear that a wife cannot claim maintenance from her in-laws, but in this present case it is for refund of dowry amount. So what will be liablity of the in-law?







Learning

 6 Replies

amit gupta_lawyer (lawyer)     28 June 2008

well stri dhan belongs to the lady only and what ever given at the time of marriage belongs to the girl and whosoever is in the possession of it would have to return the same. so my view is that in laws are liable to return the goods if they are in possesion of it .


 

satan (service)     28 June 2008

Your question is probably about the CASH given at the time of marriage. In-laws cannot be said to be the recipient of that cash (If not otherwise proved) and therefore Not liable to pay. If the Bride's side has the proof of cash given to groom's side then first thing is to ascertain the recipient.


In case of dowry in material form, those who possess it may be liable.

Guest (n/a)     29 June 2008

I think that as Dowry (giving/taking) is illegal, the question of refund of an illegal amount handed over at the time of marriage cannot be claimed. Void ab initio.

Srinivas.B.S.S.T ( Advocate)     30 June 2008

If one gives dowry in compelling circumstances succumbing to the demands of the groom's family giving dowry is not a crime.

Kiran Kumar (Lawyer)     30 June 2008

Mr. Gupta has given an apt reply and i agree with him.......but one thing i must tell u that recently Hon'ble SC has given a judgement where by the definition of the term dowry has been explained.


SC has said payments which are customary payments e.g. given at the time of birth of a child or other ceremonies as are prevalent in different socities are not covered by the expression dowry.


Please refer to Ran Singh V/s State of Haryana, 2008(3) Law Herald (SC) 2144


Appeal (crl.) No. 222 of 2008

aatma   11 July 2008


"If one gives dowry in compelling circumstances succumbing to the demands of the groom's family giving dowry is not a crime".


 


IN THE HIGH COURT OF DELHI AT NEW DELHI

Reserved on: 12.02.2007

Date of Decision: February 23, 2007

CRL.M.C.7262/2006

23.02.2007

Smt. Neera Singh….. Petitioner

Through:Mr. L.B. Rai and Mr. V.K. Singh,

Advocates

Versus

THE STATE (GOVT. OF NCT OF DELHI) and ORS…..Respondents

Through: Mr. Vikas Arora, Advocate for respondent

Ms. Richa Kapoor with Ms. Sukriti Bhardwaj, Advocates for State.

CORAM:

JUSTICE SHIV NARAYAN DHINGRA

 


 


3. A perusal of the complaint would show that as per allegations dowry demand was made even before marriage i.e. at the time of engagement and an AC was demanded from her father by her in-laws and her father had assured that AC would be given at the time of marriage. However, she told her father “You have given car and AC at the demand of in laws, what will happen if they demand a flat tomorrow?”. Despite her this conversation with her father and despite her knowing that dowry demand had already been made, she married in the same family irrespective of the fact that she was well-educated lady and was an engineer and her brother was in police. In fact, these kinds of allegations made after breakdown of the marriage show the mentality of the complainant. I consider where these kinds of allegations are made, the police should simultaneously register a case under Dowry Prohibition Act (in short, the Act) against the parents of the complainant as well, who married their daughter despite demand of dowry. Section 3 of the Act prohibits giving and taking of dowry. If a woman of grown up age and well educated gets married to a person despite dowry demand, she and her family becomes accomplice in the crime under Dowry Prohibition Act.




Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register