Are jewellery gifts to husband part of dowery?
DV victimmmm
(Querist) 06 February 2013
This query is : Resolved
Dear experts, I m facing a DV case filed by my wife.At the time of engagement, I received a golden chain and a golden ring. I have a document written and signed by my father in law where he says that he would give the groom(me) these items. Actually we exchanged rings at the engagement ceremony and I gifted a necklace to her as she gifted a chain to me. I submitted this document in the court to show that I received nothing else than these items.(No dowery in the form of money was taken).The document is accepted by father in law in the court.My questions are:
1.Are these articles part of dowery artilces?
2. WIfe is asking it as part of streedhan,is the jewellery received by me is part of stridhan?
ajay sethi
(Expert) 06 February 2013
it was given out of love and affection . it would not form part of dowry . if on other hand you had made demands for gold chain , gold ring then your wife could claim dowry harrasment
DV victimmmm
(Querist) 06 February 2013
Thanks a lot Sethi Sir.
I received golden atrilces as part of engagement custom only. But how can I proove that I did not demand for it as wife's side wud always say that I demanded it so they gave it.So how can the court decide whether it is dowery demand or just a gift out of afection.Wife has not alleged any harrasment for dowery or money in here application as of now.
Also do I need to pay money for these artilces now as wife is asking them back as part of streedhan.
Nadeem Qureshi
(Expert) 06 February 2013
I also agree with Mr. Sethi
read the below too
2. Definition of dowry
In this Act, "dowry" means any property or valuable security given or agreed to be given either directly or indirectly-
(a) By one party to a marriage to the other party to the marriage; or
(b) By the parents of either party to a marriage or by any other person, to either party to the marriage or to any other person,
At or before 1[or any time after the marriage] 2[in connection with the marriage of the said parties but does not include] dower or mahr in the case of persons to whom the Muslim Personal Law (Shariat) applies.
3[* * * * * *]
Explanation II-The expression "valuable security" has the same meaning as in Section 30 of the Indian Penal Code (45 of 1860).
ajay sethi
(Expert) 06 February 2013
the conduct of wife after marriage would be signficant . has the wife or her parents ever in writing alleged that dowry was demanded .in your case father in law has given in writing that it was given by him at time of engagement .
if your wife does not want to keep relations with you what is the use of gold ring and gold chain ?.
inform the court that you never demanded the same but now since your wife wants them you are willing to return the same .
DV victimmmm
(Querist) 06 February 2013
thanks a lot for the explaination Sethi sir and Nadeem Sir.
Raj Kumar Makkad
(Expert) 10 February 2013
The ornaments given to you certainly form part of dowry may it not be demanded from your side but once a full and final settlement is going to be made, you are legally and morally required to return all those articles.
DV victimmmm
(Querist) 10 February 2013
Thanks a lot makkad sir
V R SHROFF
(Expert) 10 February 2013
Once wife goes against husband, and state that it was forcibly demanded, and is part of Dowry, it becomes DOWRY.
ajay sethi
(Expert) 10 February 2013
trhanks for your appreciation
