Dowry has always have been a malice to the Indian society and was not amended till 2005. India have developed in such a fast rate but the treatment of women, children, and dowry till such date have not been changed. According to our parents, dowry is a form of gift given to their daughters at the time of marriage. Even though system of dowry is abolished and is prohibited in India, it is still hanging over our heads like sword ready to fall any time. India has raced ahead of time in developed of technology, economy, nuclear missiles and is one of most powerful manufacturing country in the world with its rich resources and labour. Yet inspite of this India is till backward in values that was bought by the British rule which also bought the caste system with it.
Even though dowry was abolished, the practise of giving and taking dowry is till huge tradition in our Indian society. India have fast forwarded with a bang into the technological world but that when it comes to the traditions and culture of our nation, people and society still cling to its old ways without changing much. Society now a days tend choose a bride according to the income and the assets owned by the bride’s family rather than inner beauty or characteristics.
DOWRY means any movable or immovable property or asset given as a gift from bride’s family to the groom’s family as a gift. The case illustrated below is an example of dowry given as other forms.Vemuri Venkateswara Rao v. State of Andhra Pradesh, 1992 Cri L.J. 563 AP HC: Therefore the amount of Rs.20,000/- and 1.5 acres of land agreed to be given at the time of marriage is dowry, even though the said land was agreed to be transferred in the name of the deceased as 'pasupukumkuma' by executing a deed.
While dowry signifies presents given in connection with marriage to the bridal couple as well as others, stridhan is confined to property given to or meant for the only bride; Hakam Singh v. State of Punjab, (1990) I DMC 343.
A sum of money paid by a Mohammedan in connection with his daughter's marriage to prospective bridegroom for the purchase of a piece of land in the joint name of his daughter and would-be son-in-law in not 'dowry' within the meaning of the Act; Kunju Moideen v. Syed Mohamed, AIR 1986 Ker 48.
PENALTY FOR TAKING DOWRY OR GIVING
Under Section 3 of the Dowry Prohibition Act, 1961 the penalty for giving or taking or abetting dowry he shall be punishable with imprisonment for a term which shall not be less than five years, and with fine which shall not be less than fifteen thousand rupees or the amount of the value of such dowry, whichever is more
PENALTY FOR DEMANDING DOWRY
Section 4: states that if any person demands, directly or indirectly, from the parents or other relatives or guardian of a bride or bridegroom, as the case may be, any dowry, he shall be punishable with imprisonment for a term which shall not be less than six months, but which may extend to two years and with fine which may extend to ten thousand rupees.Under Section 5, any agreement for the giving or taking of dowry shall be void.
Since the woman had died issueless, the articles constituting dowry are to be returned to her parents and not to her husband; Rajeev v. Ram Kishan Jaiswal, 1994 Cri. LJ NOC 255 (All)
Dowry items are required to be transferred to the parents and not to husband of the deceased; Pradeep Kumar v. State of Punjab, 1990 (1) CC Cases 594
For further information you can refer to lawyers in India
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