Bombay High Court held that, “Any demand for presents after the marriage, but not having a connection with the marriage of the parties will not constitute a demand for dowry”
From Para 6,
Arjun Dhondiba Kamble and Ors Vs The State of Maharashtra on 14 February 1992
Dowry in the sense of that expression contemplated by Act 28 of 1961 is a demand for property or valuable security having an inextricable nexus with the marriage. In other words it is a consideration from the side of the bride’s parents or relatives to the groom or his parents and/or guardian for the agreement to wed the bride-to-be. Where the demand for property or valuable security has no connection with the consideration for the marriage, it will not amount to a demand for dowry. In the instant case, the evidence has to be properly understood and thus viewed it is clear that what the appellants wanted was valuable presents to be made to appellant Mahadeo on the occasion of festivals like Deepavali. Judicial notice can be taken of the fact that the presents are customarily given to sons-in-law on festive occasions and giving of such presents is in no way connected with the wedding or marriage. It is a post-marriage expectation and the expectation and performance thereof once restricted to the affluents and the middle class, has now spread its tentacles to the poor also. The expectation is because of the relationship, but without any nexus to the agreement to marry. Therefore, it does not amount to dowry. Any demand for presents after the marriage, but not having a connection with the marriage of the parties will not constitute a demand for dowry. This is clear from the qualifying clause of section 2 in Act 28 of 1961 reproduced above.
Citations: [1993 (3) BomCR 473]
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