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Dowry
is defined as any property or valuable security given or agreed
to be given either directly or indirectly:
By one party to a marriage to the other party to the marriage
or ;
By parents of either party to a marriage or ;
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
The dower or Mahr given during marriage under the Shariat (Muslim
Personal) Law.
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
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.
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