what’s dowry!What’s Not
Dowry is a social evil basically it is a consideration paid by bride family to the family of the bridegroom in furtherance to the marriage. Here are the different cases which interpreted the definition in Indian courts. Madhusudhan Malhotra V. Kishore chand. It is a case covered under section 2(i) DP act of State amendment by Haryana and it was held that the furnishing of a list of ornaments and other household items at time of settlement of marriage amounts to demand of this social evil. In the old law the definition of dowry was limited, It was held that where the items of dowry were demanded at the settlement of marriage they were a consideration for the marriage they would constitute dowry, so any demand of any property or valuable security after performance of marriage is not dowry. But the new law amended the old definition. The DP act was amended in 1990’s which brought a wide definition of dowry, where a demand for money, property or valuable security is made at before or any time in connection with marriage such demand is dowry. What’s not Dowry In saidram Narain Batane V. State of Maharashtra It was not unnatural for the girls to foot the wedding expenses if,instead of so meeting the expenses himself the father of girl made the expenses to bride groom, it was not in strict sense dowry.
Alka Vs. State of UP It is a case under criminal breach of trust. Stridhan and other articles given at time of marriage to accused persons were not returned despite demand not a dowry.
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Nitish Banka is an advocate practicing in Supreme Court of India and can be reached at [email protected] or 9891549997