Dowry Harassment
Cases Lawyers in South Delhi.
Meaning of Dowry :
Section 2.. "Dowry Prohibition Act, 1961"
Definition of “dowry” 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 1[or any time
after the marriage] 2[in connection with the marriage of the said parties, but
does not include] dower or mahr in the case of persons to whom the Muslim
Personal Law (Shariat) applies. Explanation I.— 3[***] Explanation II.—The
expression “valuable security”has the same meaning as in Section 30 of the
Indian Penal Code (45 of 1860).
Meaning of Stridhan
Stridhan is, generally speaking, what a woman can claim as
her own property within a marital household. It may include her jewelry (gifted
either by her family), gifts presented to her during the wedding or later, and
the dowry articles given by her family.
Gifts given by the parents of the bride are considered
"stridhan", i.e. property of the woman, traditionally representing
her share of her parent's wealth.
IPC Section 498A
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-
Any willful conduct which is of such a nature as is likely
to drive the woman to commit or suicide to cause grave injury or danger to
life, limb or health whether mental or physical) the of woman; or
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 meet such demand.
This section is non-bailable,non-compoundable (i.e. it
cannot be privately resolved between the parties concerned) and cognizable.
Prosecution for a non-compoundable offense can only be
quashed by a High Court of India under its powers under section 482 of Criminal
Procedure Code of India. Usually, cases under 498A are quashed by mutual
agreement when the husband and wife reconcile with each other, or agree to
divorce by mutual consent.
After registration of an FIR for a cognizable, non-bailable
offense, the police in India can arrest any and all of the accused named in the
complaint, but in Delhi before arresting now have to obtain a written
permission from the DCP, after direction of Hon”ble High Court.
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