Engagement gifts aren't dowry
NAGPUR: Are gifts given during engagement ceremony dowry? May be not, if their value is not “excessive”! In a significant verdict, the Nagpur bench of Bombay high court on Tuesday quashed a police complaint and chargesheet made by the girl’s father against the petitioners for getting back gifts handed over to them during engagement.
The court observed that any present, if it is customary in nature, will not attract punishable provisions of Dowry Prohibition (Amendment) Act, 1986. Asingle-judge bench comprising justice SS Shinde delivered this verdict citing Section 3(2)(b) of the Dowry Prohibition (Amendment) Act, 1986, which states that “nothing applies if such presents are made by, or on behalf of the bride, or any person related to the bride, and such presents are of a customary nature and the value thereof is not excessive having regard to the financial status of the person by whom, or on whose behalf, such presents are given.”
However, according to the act if a person, gives, takes or abets the giving or taking of dowry, he shall be punishable with imprisonment for a term which shall not be less than 5 years, and with fine which shall not be less than Rs 15,000 or the amount of the value of such dowry, whichever is more. Groom’s mother Sunanda and groom Bhushan Kalkotwar were the petitioners in this case.
According to counsel for petitioner Rajendra Daga, Sunanda’s other son Pankaj was engaged to Yamini (name changed) from Brahmapuri in Chandrapur district. During the engagement day on May 22, 2006, Yamini’s father offered petitioners – Sunanda and Bhushan – clothes as per their customs and rituals. Five months later Sunanda’s youngest son went to Yamini’s father at Brahmapuri and asked him for a dowry of Rs 4 lakh. He also warned them that if they were unable to fulfill his demands, the proposed marriage would be cancelled. The girl’s father rejected this demand and that led to cancellation of wedding.
http://timesofindia.indiatimes.com/city/nagpur/Engagement-gifts-arent-dowry-HC/articleshow/5217648.cms
