Money received
Simmi
(Querist) 13 May 2013
This query is : Resolved
My sister in law told in FIR that they gave Rs 41,000 cash and Rs. 21,000 cheque during marriage.
Is this dowry?
They gave money for purchasing of family clothes and household things.
21,ooo rupees given for family clothes.
and 41,000 rupees given for household things.
In every marriage there is a custom for giving clothes to boy's family and giving some household things when girl comes to new family. Do this all dowry?
Is this 498a or Dowry prevention act 3/4?
ajay sethi
(Expert) 13 May 2013
dowry prohibition act provides that any presents made
at the time of a marriage to either party to the marriage in the form of cash, ornaments,
clothes, or other articles, shall not be deemed to be dowry within the meaning of the
section, unless they are made as consideration for the marriage of the said parties
in other words if you had demanded cash , clothes it would constiute dowry
ajay sethi
(Expert) 13 May 2013
- The Dowry
Prohibition Act does not, in any way, bar the traditional giving of present at or about
the time of the wedding which may be willing and affection are gifts by parents and
close relations of the bride to her. Such presents or dowry given by the parents is,
therefore, not at all within the definition of the aforesaid statute. Indeed this traditional
giving of presents at or about the time of wedding is an accepted practice which finds
mention in the oldest of Hindu scriptures and is continued today with a greater zeal.
Consequently, dowry as commonly understood is something different and alien to the
peculiar definition thereof in the Dowry Prohibition Act. A voluntary and affectionate
giving of dowry and traditional presents would thus be plainly out of the ambit of the
particular definition under the Act and once that is so the rest of the provisions thereof
would be equally inapplicable
Simmi
(Querist) 13 May 2013
So answer is "No"
prabhakar singh
(Expert) 13 May 2013
The dowry and gifts are distinguishable on one score,and that is if gift is made voluntarily it
is not a dowry but if articles or cash in lieu thereof is given on demand of one party to the
other party it is dowry.
