Dowry prohibition act

LEGAL AWARNESS ROGRAME
ON
MARTIMONIAL LAWS

What are the legal provisions of marriage?
What is the judicial mechanism to resolve the
matrimonial disputes?
Legal provisions for the custody of children
Legal protections for Wife
How to resolve the martial discords?

MARRIAGE LAWS IN INDIA
Hindu Marriage Law 1955
Special Marriage Law 1954
Protection of Women from Domestic Violence Act 2005
Guardian & Ward Act 1890
Dowry Prohibition Act 1961
Indian Penal Code, 1860
Hindu Adoption & Maintenance Act 1956
Indian Christian Marriage Act 1872
Indian Divorce Act 18269
The Dissolution of Muslim Marriage Act, 1939
Muslim Women (Protection of Rights on Divorce) Act, 1986

Section 2 (1) of Hindu Marriage Act
any person
who is a Hindu by religion in any of its forms or developments,
including a Virashaiva, a Lingayat or a follower of the Brahmo,
Prarthana or Arya Samaj OR
a follower of the Brahmo, Prarthana or Arya Samaj, or who is a
Buddhist, Jaina or Sikh by religion OR
who is not a Muslim, Christian, Parsi or Jew by
religion,

Section 5 of Hindu Marriage Act:
There are five conditions for a valid Hindu Marriage

(i) neither party has a spouse living at the time of the marriage
(ii) at the time of the marriage, neither party-
(a) is incapable of giving a valid consent to it in consequence of unsoundness of
mind; or
(b) though capable of giving a valid consent, has been suffering from mental disorder
of such a kind or to such an extent as to be unfit for marriage and the procreation of
children; or
(c) has been subject to recurrent attacks of insanity or epilepsy;
(iii) the bridegroom has completed the age of twenty one years and the
bride the age of eighteen years at the time of the marriage;
(iv.) the parties are not within the degrees of prohibited relationship unless the custom or
usage governing each of them permits of a marriage between the two;
(v) the parties are not sapindas of each other, unless the custom or usage governing each
of them permits of a marriage between the two.

Section 8 of Hindu Marriage Act 1955
Mandatory for the registration of the marriage.

1. Restitution of conjugal right
2. Judicial separation.
3. Divorce.

Sectiom-9 of Hindu Marriage Act 1955
(a) Either party to a marriage
(b) Without reasonable excuse, withdrawn from the society of other,
(c) Aggrieved party may apply for restitution of conjugal rights
(d) Court, on being satisfied of the truth of the statements made
(e) No legal ground why the application should not be granted,
(f) Grant decree restitution of conjugal rights

Section 10 of Hindu Marriage Act 1955
Either party to a marriage
may present a petition praying for a decree for judicial separation
 on any of the grounds specified in Section 13 (1)

Section-13 (1) of Hindu Marriage Act 1955
Other Party
i. had voluntary sexual intercourse with any person other
than his or her spouse
ii. treated the petitioner with cruelty
iii. deserted the petitioner for a continuous period of not less
than two years
iv. ceased to be a Hindu by conversion to another religion
incurably of unsound mind, or has suffering continuously
or intermittently from mental disorder.
v. suffering from a virulent and incurable form of leprosy
vi. suffering from veneral disease in a communicable form
vii. renounced the world by entering any religious order
viii. not been heard of as being alive for a period of seven years

Section-13 (1-A) of Hindu Marriage Act 1955
A. No resumption of cohabitation as between the parties to the
marriage for a period of one year or upwards after the passing of a
decree for judicial separation in a proceeding to which they were
parties; or
B. No restitution of conjugal rights as between the parties to the
marriage for a period of one year or upward after the passing of a
decree of restitution of conjugal rights in a proceeding to which they
were parties.

Section-13 (2) of Hindu Marriage Act 1955
(i). Husband married again
(ii). Husband guilty of rape, sodomy or bestiality
(iii). Decree or order passed against the husband awarding
maintenance to the wife and since the passing of such decree or
order, cohabitation between the parties has not been resumed for
one year
(iv). her marriage solemnized before she attained the age of fifteen
years

Section-13-B of Hindu Marriage Act 1955
(1)
(a). Petition for dissolution of marriage to the District Court
(b). By both the parties to a marriage together
(c). They have been living separately for a period of one year or more
(d). They have not been able to live together
(e). They have mutually agreed that the marriage should be dissolved.
(2)
(i). Joint petition by the parties after six months from that date
(ii). Not later than eighteen months after the said date,
(iii). Petition is not withdrawn in the mean time,
(iv). Court after hearing the parties and making inquiry that the
averments in the petition are true,
(v). Pass a decree of divorce declaring the marriage to be dissolved

Section-14 of Hindu Marriage Act 1955
(1) No divorce petition maintainable unless one year has elapsed
since the date of the marriage
(2) However court may allow a petition to be presented on the ground
that the case is one of exceptional hardship to the petitioner or of
exceptional depravity on the part of the respondent,.

(i). Either the wife or the husband
(ii). Has no independent income sufficient for her or his support
(iii). Necessary expenses of the proceeding
(iv). Court pass order the respondent to pay the petitioner
the expenses of the proceeding reasonable sum having regard to the
petitioner's own income and the income of the respondent.

(1) Court at the time of passing any decree or at any time subsequent thereto,
(2) Application made by either the wife or the husband,
(3) Pass order that the respondent shall pay to the applicant for maintenance and support
(4) Such gross sum or such monthly or periodical sum for a term not exceeding the life of the
applicant
(5) Having regard to the respondent's own income and other property of the applicant and
conduct of the parties and other circumstances of the case,
(7) Such payment may be secured, by a charge on the immoveable property of the
respondent.
(8) Court t may at the instance of either party, vary, modify or rescind any such order in such
manner, if there is a change in the circumstances

- A. Court may pass such interim orders and make such provisions in
- the decree
- For the custody, maintenance and education of minor
- children, consistently with their wishes,
- B. And after the decree
- Make all such orders and provisions for the custody,
- maintenance and education of the children
- C. Court may also from time to time
- Revoke, suspend or vary any such orders and
- provisions previously made.

District Court where
(i) the marriage was solemnized, or
(ii) the respondent, at the time of the presentation of the petition,
resides, or
(iii) the parties to the marriage last resided together

SECTION-4 OF SPECIAL MARRIAGE ACT 1954
- At the time
- (a) neither party has a spouse living
- (b) neither party--
- (i) is incapable of giving a valid consent to it in consequence of
- unsoundness of mind; or
- (ii) though capable of giving a valid consent, has been suffering
- from mental disorder of such a kind or to such an extent as
- to be unfit for marriage and the procreation of children; or
- (iii) has been subject to recurrent attacks of insanity
- (c) the male has completed the age of twenty-one years and the
- female the age of eighteen years; of the marriage the

- (i). When a marriage is intended to be solemnized, the parties to the
- marriage shall give notice
- (ii). In writing in the prescribed form to the Marriage Officer of the
- district in which at least one of the parties to the marriage has
- resided
- (iii). For a period of not less than thirty days immediately preceding the
- date on which such notice is given.

SECTIONS-7(2) & 13 OF SPECIAL MARRIAGE ACT 1954
- After the expiration of thirty days from the date on which notice of an
- intended marriage has been published,.
- The marriage may be solemnized, unless it has been previously
objected.
- Marriage Officer shall enter a certificate in the prescribed form in the
Marriage Certificate Book and such certificate shall be signed by the
parties to the marriage and the three witnesses.
- The Certificate shall be deemed to be conclusive evidence of

SECTIOM-22 OF SPECIAL MARRIAGE ACT 1954
(a) Either party to a marriage
(b) Without reasonable excuse, withdrawn from the society of other,
(c) Aggrieved party may apply for restitution of conjugal rights
(d) Court, on being satisfied of the truth of the statements made
(e) No legal ground why the application should not be granted,
(f) Grant decree restitution of conjugal rights

SECTION 23 OF SPECIAL MARRIAGE ACT 1954
Either party to a marriage
may present a petition praying for a decree for judicial separation
on any of the grounds specified in Section 27
failure to comply with a decree for restitution of conjugal rights,

SECTION-27 (1) OF SPECIAL MARRIAGE ACT 1954
Other Party
(a) had voluntary sexual intercourse with any person other than his or her
spouse; or
(b) has deserted the petitioner for a continuous period of not less than
two years immediately preceding the presentation of the petition; or
(c) is undergoing a sentence of imprisonment for seven years or more for
an offence or
(d) has since the solemnization of the marriage treated the petitioner with
cruelty; or
(e) has been incurably of unsound mind, or has been suffering continuously or intermittently from mental or
(f) has been suffering from venereal disease in a communicable form or
(g) Has been suffering from leprosy, the disease not having been contacted
from the petitioner; or
(h) has not been heard of as being alive for a period of seven years

SECTION-27 (1A) OF SPECIAL MARRIAGE ACT 1954
Her husband has been guilty of rape, sodomy or bestiality
Decree or order passed against the husband awarding
maintenance to the wife and since the passing of such decree or
order, cohabitation between the parties has not been resumed for
one year

SECTION-27 (2) OF SPECIAL MARRIAGE ACT 1954
A. No resumption of cohabitation as between the parties to the
marriage for a period of one year or upwards after the passing of a
decree for judicial separation in a proceeding to which they were
parties; or
B. No restitution of conjugal rights as between the parties to the
marriage for a period of one year or upward after the passing of a
decree of restitution of conjugal rights in a proceeding to which they
were parties.

(1)
(a). Petition for dissolution of marriage to the District Court
(b). By both the parties to a marriage together
(c). They have been living separately for a period of one year or more
(d). They have not been able to live together
(e). They have mutually agreed that the marriage should be dissolved.
(2)
(i). Joint petition by the parties after six months from that date
(ii). Not later than eighteen months after the said date,
(iii). Petition is not withdrawn in the mean time,
(iv). Court after hearing the parties and making inquiry that the
averments in the petition are true,
(v). Pass a decree of divorce declaring the marriage to be dissolved

(1) No divorce petition maintainable unless one year has elapsed
since the date of the marriage
(2) However court may allow a petition to be presented on the ground
that the case is one of exceptional hardship to the petitioner or of
exceptional depravity on the part of the respondent,.

District Court where
(i) the marriage was solemnized, or
(ii) the respondent, at the time of the presentation of the petition,
resides, or
(iii) the parties to the marriage last resided together
(iv) in case the wife is the petitioner where she is residing on the date of
presentation of the petition;

(i). Either the wife or the husband
(ii). Has no independent income sufficient for her or his support
(iii). Necessary expenses of the proceeding
(iv). Court pass order the respondent to pay the petitioner
the expenses of the proceeding reasonable sum having regard to the
petitioner's own income and the income of the respondent.

(1) Court at the time of passing any decree or at any time subsequent thereto,
(2) Application made by either the wife or the husband,
(3) Pass order that the respondent shall pay to the applicant for maintenance and support
(4) Such gross sum or such monthly or periodical sum for a term not exceeding the life of the
applicant
(5) Having regard to the respondent's own income and other property of the applicant and
conduct of the parties and other circumstances of the case,
(7) Such payment may be secured, by a charge on the immoveable property of the
respondent.
(8) Court t may at the instance of either party, vary, modify or rescind any such order in such
manner, if there is a change in the circumstances

Section-38 of Special Marriage Act 1954
- the decree

- the decree

- .
Protection of Women From Domestic Violence Act 2005

- Section 2 (a) of P. W. D. V.
Any woman who is, or has been, in a domestic relationship
with the respondent
Who alleges to have been subjected to any act of domestic
violence by the respondent.

- SECTION 3 OF P. W. D. V.
Any act, omission or commission or conduct of the respondent which cause
(a) harms or injures or endangers the health, safety, life, limb or well-being,
whether mental or physical, of the aggrieved person or tends to do so and
includes causing physical abuse, sexual abuse, verbal and emotional abuse
and economic abuse
Or
(b) harasses, harms, injures or endangers the aggrieved person with a view to
coerce her or any other person related to her to meet any unlawful demand for
any dowry or other property or valuable security;
Or
(c) has the effect of threatening the aggrieved person or any person related to her
by any conduct mentioned
Or
(d) otherwise injures or causes harm, whether physical or mental, to the aggrieved

- SECTION 2 (S) OF P. W. D.
V.
(1) Where the person aggrieved lives or at any stage has lived
(2) In a domestic relationship either singly or along with the respondent
(3) A household whether owned or tenanted either jointly by the aggrieved
person and the respondent, or owned or tenanted by either of them
(4) Which either the aggrieved person or the respondent or both jointly or
singly have any right, title, interest or equity
(5) A household which may belong to the joint family of which the respondent
is a member, irrespective of whether the respondent or the aggrieved
person has any right, title or interest in the shared household

(1) Every woman in a domestic relationship
(2) Has the right to reside in the shared household
(3) Whether or not she has any right, title or beneficial
interest in the same.
(4) She can not be evicted or excluded from the shared
household or any part of it by the respondent except in
accordance with the law.

- SECTION 2 (C), (D) (K) (P) & (L) OF P. W. D.
V.
Aggrieved person can sought following reliefs from Magistrate
(1) Protection Order in terms of Section 18
(2) Residence Order in terms of Section 19 (1)
(3) Custody Order in terms of Section 21
(4) Compensation Order in terms of Section 22
(5) Monetary Relief:
Respondent to pay to the aggrieved person to meet the expenses
incurred and the losses suffered by the aggrieved person as a result of the
domestic violence

The Magistrate may pass a protection order in favour of the aggrieved person and
prohibit the respondent from:
(a) committing any act of domestic violence
(b) aiding or abetting in the commission of acts of domestic violence
(c) entering the place of employment of the aggrieved person or, if the person
aggrieved is a child, its school or any other place frequented by the
aggrieved person
(d) attempting to communicate in any form, whatsoever, with the aggrieved
person, including personal, oral or written or electronic or telephonic
contact

1) Magistrate may pass a residence order:
(a) restraining the respondent from dispossessing or in any other manner
disturbing the possession of the aggrieved person from the shared
household, whether or not the respondent has a legal or equitable interest in
the shared household;
(b) directing the respondent to remove himself from the shared household;
(c) restraining the respondent or any of his relatives from entering any portion of
the shared household in which the aggrieved person resides;
(d) restraining the respondent from alienating or disposing off the shared
household or encumbering the same

(1) Magistrate may direct the respondent to pay monetary relief to meet the expenses
incurred and losses suffered by the aggrieved person and any child of the
aggrieved person as a result of the domestic violence and such relief may include,
but not limited to:
(a) Loss of earnings
(b) Medical expenses
(c) Loss caused due to the destruction, damage or removal of any property
from the control of the aggrieved person; and
(d) the maintenance for the aggrieved person as well as her children,
(2) The monetary relief granted under this section shall be adequate, fair and

Magistrate may grant temporary custody of any child or children to the
aggrieved person or the person making an application on her behalf
and specify, if necessary, the arrangements for visit of such child or
children by the respondent:

The Magistrate may direct the respondent to pay compensation and
damages for the injuries, including mental torture and emotional
distress, caused by the acts of domestic violence committed by that
respondent.

(1) The Magistrate may pass such interim order as he deems just and proper.
(2) If the Magistrate is prima facie satisfied that
the respondent
is committing, or
has committed an act of domestic violence or
that there is a likelihood that the respondent may commit
an act of domestic violence
he may grant an ex parte order on the basis of the affidavit of the aggrieved
person under Sections 18, 19, 20, 21 & 22 against the respondent

Where:
(a) the person aggrieved permanently or temporarily resides or
carries on business or is employed or
(b) the respondent resides or carries on business or is
employed or
(c) the cause of action has arisen

To the Court of Session within thirty days
From the date on which the order made by the Magistrate
Served on the aggrieved person or the respondent.

A breach of protection order shall be an offence
Punishable with imprisonment of
Either description for a term which may extend to ONE YEAR OR
With fine which may extend to Rs. 20,000/- OR
with both.

- .
THE GUARDIANS AND WARDS ACT,1890

- SECTION 4 (1),(2) &(3) OF GUARDIANS AND WARDS ACT
1) Minor means a person who has not attained his majority under the
provisions of the Indian Majority Act, 1875
(21 years in case guardian is appointed otherwise 18 years)
(2) Guardian means a person having the care of the person of a minor
or of his property or of both his person and property
(3) Ward means a minor for whose person or property or both there is
a guardian

- SECTION 4 (4),(ii) & 9 OF GUARDIANS AND WARDS ACT
(1) For the guardianship of the person of the minor, to the District Court
where the minor ordinarily resides.
(2) For the guardianship of the property of the minor, it may be made
either to the District Court where the minor ordinarily resides, or to a
District Court where he has property.

- SECTION 7 OF GUARDIANS AND WARDS ACT
Where the court is satisfied
that it is for the welfare of a minor that an order should be made-
(a) appointing a guardian of his person or property, or both, or
(b) declaring a person to be such a guardian,

(a) the person desirous of being, or claiming to be, the guardian of the
minor; or
(b) any relative or friend of the minor; or
(c) the Collector of the district or other local area within which the
minor ordinarily resides or in which he has property; or

The court may direct that the person
Having the custody of the minor
To produce him or cause him to be produced
At such place and time and before such person as it appoints
May make such order for the temporary custody and
Protection of the person or property of the minor
As it thinks proper.

(1) The court shall be guided by the welfare of the minor.
(2) The court shall have regard to
Age, Sex and Religion of the minor,
Character and capacity of the proposed guardian
His nearness of kin to the minor, the wishes, if any, of
Deceased parent, and any existing or previous relations of
Proposed guardian with the minor or his property.
(3) If minor is old enough to form an intelligent preference
the court may consider that preference.
(4) The court shall not appoint or declare any person to be a guardian against
his will.

- SECTION 20 & 27 OF GUARDIANS AND WARDS ACT
A guardian stands in a fiduciary relation to his ward
He must not make any profit out of his office.
The fiduciary relation extends to and affects
Purchases by the guardian of the property of the ward,
DUTY
A guardian is bound to deal property as carefully
As a man of ordinary prudence would deal with it,
If it were his own
He may do all acts which are reasonable and proper
for the realization, protection or benefit of the property.

A guardian must look to
The support, health and education, and such other
matters as the law to which the ward is subject
requires.

If a ward leaves or is removed from the custody of a guardian of his person,
the court
For the welfare of the ward to return to the custody of
the guardian,
may make an order for his return and may cause the ward to be arrested
and to be delivered into the custody of the guardian.
The residence of a ward against the will of his guardian with a person who
is not his guardian does not of itself terminate the guardianship.

A guardian shall not without the previous permission of the court, -
(a) mortgage or charge, or transfer by sale, gift, exchange or
otherwise, any part of the immovable property of his ward, or
(b) lease any part of that property for a term exceeding five years
or for any term extending more than one year beyond the
date on which the ward will cease to be a minor.

The court may remove a guardian appointed, for any of the following causes, namely,-
(a) for abuse of his trust
(b) for continued failure to perform the duties of his trust
(c) for incapacity to perform the duties of his trust
(d) for ill-treatment, or neglect to take proper care, of his ward
(e) for contumacious disregard of any provision of this Act or of any order of the
court
(f) for conviction of an offence implying, in the opinion of the court, a defect of
character which unfits him to be guardian of his ward;
(g) for having an interest adverse to the faithful performance of his duties;
(h) for ceasing to reside within the local limits of the jurisdiction of the court;
(i) in the case of a guardian of the property, of bankruptcy or insolvency;
(j) by reason of the guardianship of the guardian ceasing, or being liable to
cease, under the law to which the minor is subject
(k) taken up such a residence as, in the opinion of the court, renders it
impracticable for him to discharge the functions of guardian.

If, a guardian removes the ward from the limits of the
jurisdiction of the court
he shall be liable
to fine not exceeding one thousand rupees, or
to imprisonment in the civil jail for a term which
may extend to six months.

- .
THE DOWRY PROHIBITION ACT, 1961

- SECTION 2 OF THE DOWRY PROHIBITION ACT, 1961
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

1. If any person gives or takes or abets the giving or taking of dowry,
he shall be punishable with imprisonment for a term which shall not be less than five years,
and with the fine which shall not be less than fifteen thousand rupees or
the amount of the value of such dowry, whichever is more:
2. It shall not apply be apply if
presents which are given at the time of a marriage to the bride/ bridegroom without any demand
such presents are entered in list maintained in accordance with rule
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.

If any person demands directly or indirectly,
From the parents or other relatives or guardian, any dowry,
He shall be punishable with imprisonment for a term
which shall not be less than six months but which may extend to two years
and with fine which may extend to ten thousand rupees:

- SECTION 8-A OF THE DOWRY PROHIBITION ACT, 1961
The burden of proving that he had not committed an
offence shall be on him.

- .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.

1. The list of presents which are given at the time of the marriage to the
bride/ bridegroom shall be maintained by the bride/ bridegroom.
2. List must be in writing and contain
(i) Brief description of each present
(ii) Approximate value of the present
(iii) 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;
3 Signed by both the bride and the bridegroom.
4. Signature(s) of any relations of the bride/bridegroom/any other person(s)
present at the time of the marriage.

Dowry prohibition act

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