Laws prohibiting Dowry in India
By Team Legistify / 2016-04-02
Giving dowry in the marriage of a daughter is an age-old practice in India perhaps because she had no right to inherit the parental property after her marriage under the old Hindu Law. Of late, the greed for acquiring more and more property in the form of dowry has reached a stage when married women are subjected to physical and mental torture by the husband or her in-laws for non-fulfilment of the demand of dowry by girls’ parents. Many a time this torture leads to the unnatural death of the married woman or she is compelled by circumstances to commit suicide.

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Endowment is extremely predominant and regular in Indian family units. It is a practice that has turned into a parasite for the Indian culture and which has dissolved the lovely foundation of marriage. It is not another practice but rather has been taken after from ages, and its effect is such in Indian culture that one can attempt endeavours to decrease it, however, it can't be completely destroyed. A few laws have been ordered to preclude the act of endowment, yet the lawful grasps are weaker than the ambit of the act of settlement. Further, the article should specify the social and legitimate outcomes of rehearsing endowment alongside its different angles.

What Will Be The Share?

Under the Dowry Prohibition Act, 1961, the expression "endowment" implies any property or important security given or consented to be given either straightforwardly or in a roundabout way.

  1. By one gathering to a marriage to the next gathering to the marriage, or
  2. By the guardian of either gathering to a marriage or by some other individual, to either gathering to the marriage or to some other individual, at or before [or at whatever time after the marriage] [in association with the marriage of the said gatherings, yet does not include] dower or mahr on account of persons to whom the Muslim Personal Law (Shariat).

In a case, the court held that "Settlement" in the feeling of the expression thought about by Dowry Prohibition Act is an interest for property of profitable security having an inseparable nexus with the marriage, i.e., it is a thought from the side of the lady's guardians or relatives to the lucky man or his guardians and/or watchman for the consent to marry the lady-to-be. In any case, where the interest for property or important security has no association with the thought of the marriage, it won't sum to an interest for share. You can contact a good family law lawyer in India to know more about the legal action against dowry.

Giving dowry in the marriage of a daughter is an age-old practice in India perhaps because she had no right to inherit the parental property after her marriage under the old Hindu Law. Of late, the greed for acquiring more and more property in the form of dowry has reached a stage when married women are subjected to physical and mental torture by the husband or her in-laws for non-fulfilment of the demand of dowry by girls’ parents. Many a time this torture leads to the unnatural death of the married woman or she is compelled by circumstances to commit suicide.

Have a Legal Issue?

Get connected to the Best Lawyers and Chartered Accountants Near You!


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