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Pamela (Trainer)     03 June 2010

what consitutes to dowry?

Hi,

Please advise what constitutes to dowry. Also advise if pressure on the bride post marriage to work in order to ease the boy's financial problems is called demand for dowry. Can in-laws demand that the bride contribute her earnings topay off emis for home loan not in her or spouse's name but that in the name of the in laws?



Learning

 7 Replies

N.K.Assumi (Advocate)     03 June 2010

According to Britannica Concise Encylopedia, Dowry means, Money, goods, or estate that a woman brings to her husband in marriage. The dowry has a long history in Europe, South Asia, Africa, and other parts of the world. Some of its basic functions are to protect the wife against ill treatment by her husband, since a dowry can be a conditional gift; to help the husband discharge the responsibilities of marriage, since the dowry makes it possible for the young man to establish a household; to provide the wife with support in case of her husband's death; and to compensate the groom's kin for their payment of bride wealth. In Europe, the dowry served to build the power and wealth of great families and played a role in the politics of grand alliance through marriage. The giving of a dowry more or less disappeared in Europe in the 19th and 20th centuries. The practice grew, however, in South Asia. In some cases, delayed or insufficient dowry made some young wives the victims of murder by their husbands or in-laws, a practice known as "bride burning" or "dowry death."

In India: Definition of Dowry is provided under Section 2 Dowry prohibition Act, 1961 [ 28 of 1961] Section 2:- In this act, ‘Dowry” means any property or valuable security given or agreed to be given either directly or indirectly- (a) by one part 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 [ or any time after the marriage] [in connection with the marriage of the said parties, but does not include ] dower or mahir in the case of persons to whom the muslim Personal Law (Shariat) applies.

Explanation II- The expression “Valuable security” has the same meaning as in section 30 of the Indian Penal code (45 of 1860)

1 Like

adv. rajeev ( rajoo ) (practicing advocate)     03 June 2010

Any amount or valuable ornaments taken by the bridegroom at the time of marriage amounts to dowrry and if he or parents demand or force the wife of their son to bring money or ornaments from her patental house also amounts to dowry.

demand to work fo ease the financial problems does not amounts to dowry harrshment.

They cannot force bride to pay the homeloan but they can request for financial help.

Suchitra. S (Advocate)     03 June 2010

 

According to Dowry ProhibitionAct:

S.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 or any time after the marriage in connection with the marriage of said parties but does not include dower or mahr in the case of persons to whom the Muslim Personal Law (Shariat) applies.


***

Explanation II.-The expression `valuable security’ has the same meaning as in Sec. 30 of the Indian Penal Code (45 of 1860).

Arup (UNEMPLOYED)     03 June 2010

Thanks to mr assumi and ms sucharita for their valuable advices.

it is a surprise to me to note that the europe was also effected by dowry. i thought it is purely an indian custom.

among the traditional hindu marriage system, in a marriage, the bride given by his father to the groom with golden ornaments. that is dowry. there is no fixed amount, one give it according to one's own capacity.no force. but now a days it gets a diffrent shape where force applied to extract the money or valuable items.

IPC Sec.30. "Valuable security".--The words "valuable security" denote a document which is, or purports to be, a document whereby any legal right is created, extended, transferred, restricted, extinguished or released, or who hereby any person acknowledges that he lies under legal liability, or has not a certain legal right.

Illustration A writes his name on the back of a bill of exchange. As the effect of this endorsement is to transfer the right to the bill to any person who may become the lawful holder of it, the endorsement is a "valuable security".

Arup (UNEMPLOYED)     03 June 2010

"if pressure on the bride post marriage to work in order to ease the boy's financial problems is called demand for dowry."

No, it is not dowry. you are free - not to fulfill this demand.

"Can in-laws demand that the bride contribute her earnings to pay off emis for home loan not in her or spouse's name but that in the name of the in laws?"

No, it is not dowry. you are free - not to fulfill this demand.

but if they presuries you continiously, it may be converted into dowry case.

1 Like

raj kumar ji (LAW STUDENT )     03 June 2010

I AGREE WITH MR PRABHAKAR AND ARUP JI ALSO SUCHITRA .


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