Indian Laws: Dowry and its Validity

The Indian government has put in place several measures and laws to curb the practice of giving and receiving dowry. However, the practice continues in the open, with neither party to a marriage fearing about being sued. It is a shame that the groom’s side considers it their right to accept dowry.

What is worse, even the bride’s family in India considers giving dowry as a status symbol. To stop this menace, dowry law and legislation ban any material that endorse dowry as consideration for marriage. Anyone breaching the law may have to face imprisonment of 6 months (may extend to 5 years) or a maximum fine amount of Rs.15, 000. To know more about the concept of dowry and its validity under the Indian law, read on.

Indian Laws: What Constitutes Dowry

Under Indian laws, dowry may constitute any property given or agreed to be given by: 

• One party to a marriage to the other
• Parents of either party to a marriage
• Any other person to either party to the marriage

Dowry can be given directly or indirectly.

Indian Laws: Validity of Dowry

Under Indian laws, any agreement that constitutes give and take of dowry is considered valid in the following cases:

1. The Mahr given in a marriage as per the Shariat Law.
2. If the bridegroom or the bride is presented gifts on marriage, these may not account for dowry if either of them maintains a list of the gifts given to them. Also, the list should be made in writing during marriage and signed by both of them.
3. In case dowry has been given already to someone on behalf of the woman, it is mandatory to transfer it in the latter’s name. If the person who received dowry breaches the law, he may have to face jail term for around 6 months to up to 2 years and/or pay a fine of up to Rs.15, 000.