Whether money given at the time of engagement amounts to dowry?
Section 2 of the Dowry Prohibition Act, 1961 indicates
that if parties have agreed to enter into the marriage
on the future date, they shall be known as “parties to
a marriage” for the reason that any item or valuable
security given or agreed to be given either before the
marriage or at the time of marriage or after the
marriage shall be “dowry”.
It is nowhere denied by the defendant either in
this petition or in the application moved under Order
7 Rule 11 CPC that Rs. 2 lakhs were not given to him
by way of bank draft by the plaintiff/respondent,
herein to purchase the car so that car may be used by
them after the marriage. It is also not denied that
marriage was fixed between the parties to be
solemnized on 20.11.2003. Therefore, in my humble
opinion, parties to the plaint are parties to a marriage. 9
Since, as per the contents of the plaint, Rs. 2
lakhs were given by one of the parties to the marriage
i.e. the plaintiff in favour of another party to the
marriage i.e. defendant, therefore, for the recovery of
the amount, suit under Section 7, Explanation (c) of
the Family Courts Act is very well maintainable.
IN THE HIGH COURT OF UTTARAKHAND AT
NAINITAL
WRIT PETITION (M/S) No. 1277 of 2005
Uma Shanker Sharma ….. Petitioner
Versus
Principal Judge, Family Court, Rudrapur
and another
Hon’ble Alok Singh, J. R
Citation; AIR 2015(NOC)855UTR
https://www.lawweb.in/2015/07/whether-money-given-at-time-of.html
