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New Delhi,

02-08-2021

Required lawyer in Srinagar (J & K) for execution of transfer decree for recovery of sums from judgement debtor for decree passed by Court in Delhi

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Jamshedpur,

02-08-2021

Girl is hindu and boy is muslim

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Armoor,

02-08-2021

hi dear sir @ madam i am work enterprises shop casher my owner my big bother my owner all cosmer money take and leave in city all cosmer tarcher and attack me and my family what i do sir

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Ludhiana,

02-08-2021

I want to know that My grandfather is expired few months back and after that my father mother and grandmother is supporting to small brother even they are selling a shop and giving all payments to my small brother favour He is married and not having any child I m married with 2 kids Parents are not giving to us from ancestral property

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Nagina,

02-08-2021

If mother willed her property,then a daughter can claim her share or not

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Gurgaon,

03-08-2021

I need to draft legal authorization letter to bank

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Mumbai,

03-08-2021

Two brothers were tenant of a landlord in a commercial property.One brother had one son and a daughter (both minor) when he got divorced with his wife.The children's went into mother's custody at the time of divorce and after some years the husband (co tenant) also died. Now can the children of the deceased brother(co tenant) claim the right

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Saharsa,

03-08-2021

We are facing many problems on my family so please call me

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Mumbai,

03-08-2021

Mere mom dad nhi hain Main aur mere siblings dada ke saath rahte hain. Dada ab apni self acquired property bech rahe hain Aur hame vo apne saath nhi rakhenge So koi law hai jis se hum dada ko property bechne se rok sake Plzz help related my Queries

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Guntur,

03-08-2021

Grand father died how many years for grandson property right

Recent Enquiries

Frequently Asked Questions

Below you will find answers to the questions asked by most of the enquirers.

If I am married in a foreign country, and my husband ill-treats me for Dowry, can I still file a case against him under the Dowry prohibition Act?

Dowry demand is not just restricted to India. There have been cases where wives have been harassed for Dowry in a foreign country. In such a situation:

  1. You cannot file a case under the Dowry Prohibition Act 1961. As the application of this Act is limited to all those marriages which take place within India, except J&K.
  2. You should consider invoking the relevant law of the country where you are residing as of now.

In India generally, cases go on for years and decades because of the overburdened judiciary system. This is one of the primary reasons leading the litigants to bear huge expenses.

With respect to the Dowry cases, the duration and costs involved depend on the following:-

  1. They generally go on for three to five years or more. In some cases, it can also take up to 10 years for a case to be finally decided.
  2. The costs which would be incurred by the litigant would depend on the longevity of the case and the fees of the lawyer who will represent the case.

During a marriage, the married couple receives several gifts from both sides. Some gifts, given out of pure willingness are a symbol of love and blessings to the newly wedded couple. Hence, every gift cannot be considered as Dowry. The difference between Dowry and gift is as follows:

  1. A gift is given to the bride or bridegroom without there being any such demand, and the same is permitted under the Act.
  2. Gift is different from Dowry in the sense that Dowry is demanded by either of the party as a condition to the marriage and may be given to the bride or the bridegroom.

Dowry Prohibition Officer plays an important role in ensuring that there is an effective implementation of the Dowry Prohibition Act 1961.

Dowry Prohibition Officers are appointed by the State Government for specific areas. State Governments release a list of officers who would act as Dowry Prohibition Officers in the concerned district. For instance, Tamil Nadu has released a list of Social Welfare Officers who act as Dowry Prohibition Officer in their Districts. You may find the list of Social Welfare Officers by visiting this link: https://data.gov.in/resources/district-social-welfare-officers

You can get the name and contact details from the website and contact the concerned officer.

Across many parts of India, Dowry is demanded before marriage. If the bride's parents have not been able to fulfill such a demand, then the marriage is broken. Keeping this in mind, the Dowry Prohibition Act does take note of the situation wherein Dowry is demanded before marriage.

Under this Act, legal action can be taken if the Dowry is being demanded before marriage. It is because of the below-mentioned reason:

Under the Act, the definition of Dowry consists of property and valuable security given or agreed to be given before or during or after the marriage.

Getting or not getting Bail, in any case, depends upon the nature of an offense. If it is a bailable offense, then the accused can get Bail. However, if the offense is Non-Bailable, then you are not likely to get Bail. The position in cases of taking or giving of Dowry is as follows:-

  1. Taking or giving of Dowry is a non-bailable offense. Hence, you cannot get Bail if you are arrested for taking or giving of Dowry
  2. This has been provided under Section 8 of the Dowry Prohibition Act 1961

In India, people who give Dowry generally do it because of the prevalent social practice. However, there are equally those sets of parents who give Dowry voluntarily. Under any circumstances, giving Dowry is not permitted under the Dowry Prohibition Act 1961.

  1. If someone still gives Dowry, then it would be in contravention of the Dowry Prohibition Act of 1961. The persons concerned may be punished for giving Dowry.
  2. The punishment for Dowry is imprisonment for a minimum period of 5 years and a minimum fine of INR 15,000 or the the value of Dowry whichever is higher.

Taking Dowry, generally by the groom's side, has been a matter of pride and practice in India. The law has tried to control this practice. Taking Dowry is not allowed under the Dowry Prohibition Act 1961. Punishment for taking Dowry is as follows:-

  1. Imprisonment for a term which shall not be less than five years, and with the fine which shall not be less than fifteen thousand rupees or the amount of the value of such Dowry, whichever is more.
  2. For adequate and special reasons, the court may impose a sentence of imprisonment for less than five years.

Dowry is different from Stridhan in various ways, although both the concepts would come into the picture at the time of marriage. The difference between dowry and Stridhan is as explained below:-

  1. Dowry is giving and taking of property and valuable security between the two parties to the marriage. However, Stridhan includes gifts and valuables, all of which are given only to the bride and is not a compulsion or condition for the marriage.
  2. Dowry attracts application of the Dowry Prohibition Act 1961. On the other hand, Stridhan attracts the application of the Hindu Succession Act 1956.

Taking and giving Dowry had been a long practice followed in India. This practice came to be prohibited through the Dowry Prohibition Act 1961. As per this Act, Dowry consists of:-

  1. Any property or valuable security which was given presently or promised to be given in the future
  2. Valuable security consists of any document by which a legal right is affected
  3. The property or valuable security can be given in a direct manner or indirect
  4. It is typically given by the bride's family to the groom or his family

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