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Dowery In India

What Constitutes Dowry?

Dowry is defined as any property or valuable security given or agreed to be given either directly or indirectly:

1. By one party to a marriage to the other party to the marriage or ;
2. By parents of either party to a marriage or ;
3. By any other person to either party to the marriage.

Ban On Advertisement

Any advertisement in any newspaper, periodical, journal or through any other media offering dowry as consideration for marriage is punishable with imprisonment for a term not less than 6 months and it may extend upto 5 years or with fine upto RS. 15,000 (Fifteen thousand).

Dowry Agreement - Not Valid

An agreement for giving and taking of dowry shall be void

Exceptions

1. The dower or Mahr given during marriage under the Shariat (Muslim Personal) Law.
2. Gifts that are given to the bride or the bridegroom at the time of the marriage (without any demand being made) will not amount to dowry, if such presents are entered in a list in the following manner :
   • The bride shall maintain the list of presents given to the bride
   • The bridegroom shall maintain the list of presents given to the bridegroom
   • The lists shall be prepared at the time of marriage and shall be in writing
   • The list shall contain a brief description of each present, approximate value, the name of the person who presented it, relationship of the presenter to the bride or the groom
   • The list shall be signed (or thumb impression) by both the bride and the groom
3. Where dowry already given - Where any dowry is received by any person other than the woman in connection with whose marriage it is given that person shall transfer it in the name of the women
   • if it was received before marriage within three months after the date of marriage
   • if it was received at the time of marriage or after the marriage within three months after the date of it's receipt
   • if the dowry was received when the woman was a minor within 3 months after she has attained the age of 18 years.

   Pending such transfer that person shall hold the dowry in trust for the benefit of the woman. In the event of death of the woman dowry shall be transferred to her children or her parents.

   If any person fails to transfer any property within the time limit specified, he shall be punishable with imprisonment for a term not less than 6 months, but which may extend to 2 years or with fine which shall not be less than RS. 15,000 (Fifteen thousand) or with both.