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Dowry, Stridhan, Cruelty under 498a, marriage expenses, and more

25 Jan 2015 By 26 Comments

I haven’t taken any dowry

Before people say “I haven’t taken any dowry”, shouldn’t it be clear to know about the keyword dowry.

Basically, dowry harassment is the phrase used when women and her in-laws want to do one or more of following:

  1. Keep husband under thumb, make him leave his parents (after marriage, of course before marriage nothing of that sort will be said), make him ghar jamai etc.  So this can be teach the husband to be a pet, or teach the husband a lesson so he compromises the 498a and takes wife back promising to be loyal slave for rest of married life.
  2. The marriage was a pre-planned bomb in form of daughter-in-law which was timed to go off in husband’s house after marriage.  After the bomb goes off successfully, not there will be loud noise but property and cash will fall from the sky in the form of gifts for the ‘mutual’ divorce that will get settled as a ‘compromise’.
  3. Wife already had a boyfriend before marriage.  It is known to her family too or there is a couldn’t-care-less-how-her-marriage- goes attitude which is quite common in feminist/matriarch-led families.  So the first husband will provide the cash and after that woman can go to her independent ways.  After all, it’s so much easier to explore life with cash in the bank!

That’s about their plan and intentions.  But how about you/the husband who is charged with dowry harassment in form of 498A and Dowry Prohibition Act?

Dowry is defined in Dowry Prohibition (DP) Act as below:

2. Definition of `dowry’.-In this act, `dowry’ means any property or valuable security given or agreed to be given either directly or indirectly-

(a) by one party to a marriage to the other party to the marriage; or

(b) by the parents of either party to a marriage or by any other person, to either party to the marriage or to any other person;

at or before or any time after the marriage in connection with the marriage of said parties but does not include dower or mahr in the case of persons to whom the Muslim Personal Law (Shariat) applies.

So according to above definition there cannot be an Indian marriage without dowry being exchanged on BOTH sides.  However our lawmakers are quite smart and so they added following clause to DP Act:

 


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(2)Nothing in sub-section (1) shall apply to or, in relation to,-

presents which are given at the time of a marriage to the bride (without nay demand having been made in that behalf):

Provided that such presents are entered in list maintained in accordance with rule made under this Act;

presents which are given at the time of marriage to the bridegroom (without any demand having been made in that behalf):

Provided that such presents are entered in a list maintained in accordance with rules made under this Act;

Provided further that where such presents are made by or on behalf of the bride or any person related to the bride, 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.

So with the above smart addition, you can give gifts and presents of not great value above your /other party’s status.  Voila!  Let’s throw a marriage party!

Above wedding-industry-saving clause also mentions about the article list to be maintained in accordance with rules made under DP Act.  Those rules are below:

 

2. Rules in accordance with which lists of presents are to be maintained.-(1) The list of presents which are given at the time of the marriage to the bride shall be maintained by the bride.

(2) The list of present which are given at the time of the marriage to the bridegroom shall be maintained by the bridegroom.

Every list of presents referred to in sub-rule (1) or sub-rule (2),-

(a) shall be prepared at the time of the marriage or as soon as possible after the marriage:

(b) shall be in writing;

(c) shall contain,-

(i) a brief description of each present;

(ii) the approximate value of the present;

(iii)the name of the person who has given the present; and

(iv)where the person giving the present is related to the bride or bridegroom, a description of such relationship;

(d) shall be signed by both the bride and the bridegroom.

 

So if anyone has experience of a typical Indian wedding, we know that every Indian wedding (1 Crore of them every year) is a crime openly done in front of society.   So 1 Cr crimes being done every year, and even our pending case laden courts won’t be willing to take up that extra load of criminal cases.

So if I didn’t take any dowry, what exactly did I take?

Your honour, that was just gifts for the bride and family.

That brings us to definition of stridhan.

What is stridhan

For the grammatically inclined: stri – woman, dhan – wealth.  So stridhan should mean woman’s wealth.

Stridhan constitutes:

  1. Any property or gift given to a woman before, at the time of marriage or later is her property
  2. May be gifted by anyone, even in-laws, friends
  3. She alone has the right to gift, will or dispose of her property as she desires
  4. No one else has a right on it
  5. Anyone who has a woman’s streedhan in her/his custody should return it to the actual owner within a stipulated time period
  6. If the trustee disposes of her property without her willing so the offender will be punished with imprisonment and fine
  7. If the woman dies without willing her property it goes to her sons/daughters and husband

A list should be made of the gifts given during or just after marriage. There has to be two lists: one for the man/another for the woman. The man’s list has to contain the gifts given to him by either party. The woman’s list has to contain the gifts given to her by either party. Spouses and witnesses should sign it. Both parties should retain a copy of the list.

So if dowry giving or taking is a crime, and giving gifts to bride is not, then stridhan must be the password for getting acquittal under DP Act or 498A criminal cases.  Or maybe there are more than one gates with their own passwords, but let’s not finish the treasure hunt so soon!  We still have to define cruelty…

It’s a cruel, cruel world…

http://menrightsindia.net/bare-acts/ipc-498a-bare-act

498A. Husband or relative of husband of a woman subjecting her to cruelty

Whoever, being the husband or the relative of the husband of a woman, subjects such woman to cruelty shall be punished with imprisonment for a term which may extend to three years and shall also be liable to fine.

Explanation- For the purpose of this section, “cruelty” means-

(a) any willful conduct which is of such a nature as is likely to drive the woman to commit suicide or to cause grave injury or danger to life, limb or health (whether mental or physical) of the woman; or

(b) harassment of the woman where such harassment is with a view to coercing her or any person related to her to meet any unlawful demand for any property or valuable security or is on account of failure by her or any person related to her to meet such demand.

 

So now we have read the short and bitter act of IPC 498a, and it seems that this is the favourite weapon used to allege a dowry harassment crime, though the whole act doesn’t have the word dowry in it!  Of course, why would lawmakers be so stupid to pass a Dowry Prohibition Act in 1961 and pass another dowry xyz act in 1983!  So above act was meant to save the lives of women facing harassment of nature that it will drive them to suicide.  Or even any conduct which will cause physically grave injury to her.  Or grave injury or danger to mental or physical health.  Or unlawful demand for property or valuable security …

The words property or valuable security are also used in DP Act:

2. Definition of `dowry’.-In this act, `dowry’ means any property or valuable security given or agreed to be given either directly or indirectly-

So that makes the connection from 498A to dowry harassment case.

How to disprove wife’s allegations of mental cruelty on her under 498A.  Don’t disprove anything.  Let them come to court to give evidence, and then shred that ‘evidence’ in cross examination etc.  General principle of law is onus is on prosecution to prove the guilt of accused, and no matter how much we shout this from rooftops, people will keep asking how to prove my innocence?

Quiz on stridhan, dowry, cruelty

  1. Your bride to be put a gold ring on your finger during engagement ceremony.  Dowry, gift, stridhan?
  2. Father in law after marriage did electronic transfer of Rs 40,000 to your bank account.  Gift, stridhan, dowry?
  3. Your wife won a prize of pressure cooker in a Diwali festival scheme.  Gift, dowry, stridhan?
  4. Your wife says in allegation that you are not taking separate house from parents.  Cruelty under 498A or not?
  5. Wife says you are impotent.  Cruelty under IPC 498A or not?
  6. Father in law after marriage gave by cheque Rs 100,000 which was deposited to your father’s bank account. Gift, stridhan, dowry?
  7. Wife says you are having affair with another woman.  Cruelty under 498A or not?
  8. Mother in law gave box of dry fruits when you visited them.  Dowry, stridhan, gift?
  9. Father in law after marriage gave by cheque Rs 50,000 which was deposited to your wife’s bank account. Gift, stridhan, dowry?
  10. Your mother-in-law gave a gold chain to you during wedding ceremony.  Gift, dowry, stridhan?

If you took more than 2 seconds for question 8, you need a thorough brain surgery Smile

What’s the deal about marriage expenses

to be written…

Comments

  1. Sir,
    i want to know that if my wife filed 498a false case in april 2013 against me, and the case is in charge stage,

    in July 2017 i Did compromise and my wife returns to my home,with the promises that she will get back all cases , and she gave the affidavit to court for my bail in 498a, and the Respected Court Grant me bail. in the given certificate she writes that i never demand for dawry and never beat her, Because of some innocence she filed cases against me. but now she dont want to run the cases,

    After some time her behavior becomes crualy with my mom and me, and Demanding the home to her Name. When i refuse to do as she wants she went to police station and made a false complaint against me.
    now all the cases Becomes alive and running as before and she lives in Mayka.

    Sir plese tell me how to defend the case. i lost more money and and i am thinking that theare is no way to out from these type of cases. ,i am tired and in depression.

    Reply

    • It’s for this reason that it’s always suggested NEVER EVER to bring back a 498A filer wife. You can use the same earlier documents where she admitted no dowry/no beating as defence in this fresh/revived(?) case.

      Reply

  2. Hi, my wife given a long and genuine list of dowry items and Streedhan in CAW cell, and I’m asked by IO of CAW cell to prepare response to this list. My wife already denied counseling & reconciliation, how do I prepare response to her list, she already taken all her streedhan 2 years back in her mother’s home. How can I reply on it ?

    Reply

    • >> she already taken all her streedhan 2 years back in her mother’s home. How can I reply on it ?

      That has to be your reply… there is no rocket science, your reply won’t make wife happy or satisfy the IO, let them approach court and shout and scream there.

      Btw IPC 406 has to be taken very seriously, bail gets denied lot more on this rather than IPC 498A.

      Reply

    • No need to worry. Whatever item list they have provided to CAW it hardly matters. Lets prove them with genuine bills. After that take copy of bills and verify their bills with concern departments. they cant prove. After that you put case of 420 on them or mental harassment. If we people dont stand for this, these bitches will become more powerful. But take this step when you are not faulty at your part.

      Reply

  3. my FIL gave me a car at the time of marriage on his own volition, there was no demand from my side. He also gave several gold items to my family members…does it amount to dowry?

    Reply

  4. Can a car bought just before marriage in the girl’s father’s name be considered a dowry to the groom’s side? Especially when the car is used by the girl’s father and family. But the girl claims, it was dowry because it was bought just a week before wedding.
    Kindly answer.

    Reply

    • By that logic, if someone dies in girl’s family just a week before marriage, then they would want to file a murder complaint against husband/in-laws!

      Reply

  5. My son wife filed 498a case against him and all family members her ask diverce and demand money wantedly she ststayed her parens how posible arrases and dowery so 498a false complaint at police station they are not observes ci/si
    so elder decide 18labks on going MOU in this situation her parents not return the gold and articals what is proceeding my son legal adive me
    Thanks for advace good suggestion please

    Reply

  6. Hi Vivek,

    There must be specific U/s in which an aggrieved man with false 498A, may ask his wife/FIL to submit the details of their income /property and loans ,and PF details. Please suggest. this thing is missing in both of ur books ( 125 Crpc & Divorce).

    Reply

    • I don’t know what is your point about asking me question on 498A when the 2 books are about different topics altogether! In those two books criminal law is not discussed except mentioning 498A etc when applicable to explain the overall context one is dealing with, and some difference in standard of proof in civil vs criminal case (divorce book). One point about criminal law is that accused doesn’t have a ‘say’ or a procedure where he/she can file objections before evidence stage. But you can do cross-examination and later produce your own statement. So what you can do is ask these kind of questions about income/property etc during cross-examination of wife/FIL etc. If they try to hide or give contradictory replies, then it will help in acquittal since to convict someone requires a high standard of proof beyond reasonable doubt.

      Following judgment by Justice SN Dhingra judgment is closest one which asks magistrates to check for list of articles as per DP Act /Rules, but I doubt it has been followed much, and in any case it doesn’t give a right to accused to ask for the same. Even then it has nothing about asking complainant about income/property etc. You can use this judgment to point out the fact that no list was created at time of marriage as per DP Act, but the fact that it is not done in almost all marriages means that other facts and circumstances will be used to come to conclusion about dowry given or not etc:

      https://indiankanoon.org/doc/1061764/

      Reply

  7. Members asking for advices under this column should be in a position to understand and appreciate the advices given to be able to utilise them.My suggestion to them is they should at least go through the book Surviving the legal jungles written by Vivek.Besides, they should be somewhat familiar with basic laws of HMA, DV Act, DP Act, IPC (including 498A), CrPC etc.Reference to this post without any basic knowledge of law,is simply a wastage of their time and opportunity.

    Reply

  8. my wife filed a case under 498a dp act and i got an anticipatory bail. my family members have been attending but they are not attended for three trails what would be the court decision for they are not attending infront of the court

    Reply

    • if you don’t want to attend you can ask personal exemption, but not attending and asking “what will happen” is best done in court. Normally NBW is issued.

      Reply

  9. My wife filed case against me and my family members under IPC 498a, 307, 406, 377, DV..etc. we took stay from HC. The dates of my parents stay and that of mine were different and for my stay it was mentioned that the case would be listed with my parents’ case and until listing of case the stay would be valid. My parents case was listed in July but my case was not listed with their case (there was no reference of my case, when I checked its status it was showing “dispose of on 4th May” (the date on which I got stay), may be by court’s fault; also the opposition lawyer said that it was disposed of) and thus no hearing was taken place for my stay.In the hearing for my parents case HC extended the stay till charge-sheet filing. Now chargesheet has been filed (and is in our favor) and we are applying for bail. My doubt is whether we all would get bail or the judge may cancel my bail application as there is a complained against me under IPC 377 (it is not in charge sheet)? If judge cancel my bail application would my stay prevent police from arresting me as no hearing is taken place for my stay (even it is listed in court, while in stay order it is clearly mentioned that till the next date of listing arresting would be stayed) OR can we consider that my stay will also expire automatically with my parents stay and police can arrest me if bail application get cancelled? Seeking for your valuable advice. Thanks in advance.

    Reply

    • For such procedural questions, asking lawyers is best though they give conflicting or confusing answers so it’s back to the same.

      It’s sad that people can’t depend on lawyer’s version when they are paying them good amount of fees. Such is low standards of professionalism.

      Reply

  10. The 498A IPC goes only for wife, and mostly learned wife used this for harrassement and blackmailing to her husband. Mostly learned wife take this opportunity on their innocent husband dishonestly to get their different type of demands. So, Hon’ble court please look into the matter softly on husband and recognize the truth as soon as possible, who is right or wrong

    My question : After 7 years of marriage life, wife can go for 498A on her husband.

    Reply

    • >>After 7 years of marriage life, wife can go for 498A on her husband.

      Yes. 7 or 47 years, doesn’t matter. The 7 years time is a factor in IPC 304B (dowry death), not 498A

      Reply

  11. Since 15 years I’d been compromising with her for protecting my only son not to go through this situation.The spouse of mine has been deeply wounding me with her abusive language & pressurising me to put on criminal case.Because of putting up in Agra without intimation & telling me about my son she went away.The main motive is money which she never could took.All in all she wanted me to die as soon as possible .Now progress in case is she put on various issues.case filed at women’s cell . Crp – 125 case for maintainance of my son and her. The major issue is allegations of dv/Slapping her or abusing her my father is creating the sexissue .I’m addicted to wine with my brother and beat her regularly.My in laws already have taken huge amount of money through selling her ornaments.filing the case of section 9. My mother expired away which shocked me all of sudden She took out all benefits in my abs ence.I am really fed up and I have made my mind to take a stand I donot want to live with her.On the other hand my father in law is tourchoring me to give him a huge sum of money which is not going to be total till my life.How can I proceed further?Please help and guide me

    Reply

  12. Sir,
    I am victim of false 498a case. My wife deepa patil, hubli, shettar layout along with her

    father parvat gowda patil and mother sarojamma patil with her uncle siddan gowda patil has

    registered a false 498a case (dowry case) against me and my parents.
    She has 3 sisters namely Roopa patil, hubli, Asha patil, hubli, and sridevi.
    My wife and her parents are fraud, cheaters and liers. I came to know about this after

    marriage. She just stayed in our house only for 6 days and planned all this before marriage

    itself. She also wanted to sell our gold items during her stay. Once she left our house

    they started demanding money from us. When we said we don’t have money, they told that they

    will put false dowry case on me and my parents.
    Everybody knows that 498a is false in 95% case then why does Indian law still continuing

    with this section? All 498a wifes are using this to harrass innocent husbands and blackmail

    them to get money. This is mainly used as money making tool. Why Indian gov is not looking

    into this section and amending the law?

    Reply

    • >> This is mainly used as money making tool. Why Indian gov is not looking into this section and amending the law?

      Because out of 1 lakh men who face fresh 498A cases each year, maybe only 50-200 join any kind of protest or activism against it. Many are just interested in “getting out of this mess“, and trying out their luck in second time marriage.

      Reply

  13. If wife refused to back her stridhan on CAW cell in that case honourable court agree for boy or his family members Anticipatory bail.

    Reply

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