Define dowry. Does subsequent giving and taking fall within the meaning of dowry under the Act? Whether Mehr given under the MuslimLaw is same as dowry? Differentiate dowry and Stridhan.
Section 2 of the Dowry Prohibition Act, 1961, defines dowry to mean any property or valuable security given either directly or indirectly by the parents of either party to a marriage to either party to the marriage or any other person at or before marriage, or any time after the marriage in connection with the marriage of the said parties; but does not include dower or mahr in the case of person to whom the Muslim Personal Law (Shariat) applies.
This definition nowhere contemplates that the property or valuable security must be given in consideration for marriage, before its solemnization, it can attract the definition of dowry even to the subsequent giving and taking.
The provisions contained in section 2 of the Dowry Prohibition Act, 1961, has widened the scope of dowry by providing that any property or valuablesecurity given or agreed to be given either directly or indirectly before or at marriage or even any time after marriage in connection with marriage of the said parties would amount to dowry.
Given or agreed to be given
In Venuri Venkateswar Rao v. State of A.P. (1999) it has been held that the lands to be given come within the definition of dowry.
The Andhra Pradesh High Court observed in the present case that the definition of dowry was wide enough to include all sort of properties, valuable securities etc. given or agreed to be given directly or indirectly. Therefore, the amount of Rs. 20,000 and 11/2 acress of land agreed to be given at the time of marriage was nothing but dowry.
The expression ‘in connection with the marriage of the said parties’ was emphasised in Rajeev v. Ram Kishan Jaiswal (1994), where the court held that any property given by parents of the bride need not be in consideration of the marriage, it can even be in connection with the marriage and would constitute dowry.
Subsequent demands amount to dowry
The expression ‘any time after the marriage in connection with the marriage of the said parties’ clearly indicates that subsequent giving and taking or demand of such in connection with the marriage of the said parties is covered within the definition.
The Apex Court in, Ashok Kumar v. State of Haryana 2010 SC observed the definition of dowry is not restricted to agreement or demand for payment of dowry before and at the time of marriage but even include subsequent demands. Held ‘demand for dowry’ shall be interpreted in the light of adjoining expression in relation to marriage’ the meaning so taken is wideenough to cover prior and subsequent demand of dowry under the provisionof the Act.
Further in, Satvir Singh v. State of Punjab (2001) SC, the Apex Court held that customary present or gift in connection with birth of a child or other ceremonies will not be covered within the definition of dowry. Even though, such gift is given at the time of marriage but not in connection with marriage only.
Does mehr means dowry
The definition of dowry itself in clear cut (terms) has excluded the Mehr from the scope of dowry. In, Md. Usman Warsi v. Md. Farooq (1990) it was observed that “both parties to marriage were Muslims and therefore Mehr amount could be settled between the parties as being one of the essential element of Nikah”. Suffice it to say, some presentation from the husband side to the wife side for finalising the marriage itself not indicate any criminal intention punishable under section 3 or 4 of the Dowry Prohibition Act, 1961 because the amount equivalent to it may very well be the ‘mehr’ amount. Thus, the term “dowry” does not include the amount of mehr in accordance with the definition provided in section 2 of the said Act.
Difference between “dowry” and “stridhan”
In Hakam Singh v. State of Punjab, (1990), the Punjab and Haryana High Court observed that the expression “dowry” as defined under section 2 of the Dowry Prohibition Act, 1961 is wider than the expression “Stridhan” while the expression “dowry” denotes presents given in connection with marriage to the bridal couple as well as others, ‘stridhan’ was confined to property given to or meant for the bride.