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Dowry prohibition act
 

Dowry prohibition act

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A brief of the legal provisions governing the dowry law applicable in India. The parents, relatives and friends of both bride and groom are liable under the Act

A brief of the legal provisions governing the dowry law applicable in India. The parents, relatives and friends of both bride and groom are liable under the Act

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  • This presentation is being made to make aware the common people about their matrimonial rights.
  • India is a secular nation and thus it guarantee its freedom of religion. The personal law of its citizen is governed by the religion and thus there are numerous laws which regulate the matrimonial life of Indian

Dowry prohibition act Dowry prohibition act Presentation Transcript

  • 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
  • HINDU MARRIAGE ACT 1955
  • 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,.
  • Section-24 of Hindu Marriage Act 1955 (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.
  • Section-25 of Hindu Marriage Act 1955 (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-26 of Hindu Marriage Act 1955 - 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.
  • Section-19 of Hindu Marriage Act 1955 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
  • SPECIAL MARRIAGE ACT 1954
  • 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
  • SECTION-5 OF SPECIAL MARRIAGE ACT 1954 - (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.
  • SECTION-28 OF SPECIAL MARRIAGE ACT 1954 (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-29 OF SPECIAL MARRIAGE ACT 1954 (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,.
  • SECTION-31 OF SPECIAL MARRIAGE ACT 1954 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;
  • SECTION-36 OF SPECIAL MARRIAGE ACT 1954 (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.
  • SECTION-37 OF SPECIAL MARRIAGE ACT 1954 (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 - 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.
  • SECTION-38 OF SPECIAL MARRIAGE ACT 1954 - 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.
  • - . 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
  • - SECTION 17 OF P. W. D. V. (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
  • - SECTION 18 OF P. W. D. V. 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
  • - SECTION 19 OF P. W. D. V. 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
  • - SECTION 20 OF P. W. D. V. (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
  • - SECTION 21 OF P. W. D. V. 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:
  • - SECTION 22 OF P. W. D. V. 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.
  • - SECTION 23 OF P. W. D. V. (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
  • - SECTION 27 OF P. W. D. V. 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
  • - SECTION 29 OF P. W. D. V. 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.
  • - SECTION 31 OF P. W. D. V. 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,
  • - SECTION 8 OF GUARDIANS AND WARDS ACT (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
  • - SECTION 12 OF GUARDIANS AND WARDS ACT 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.
  • - SECTION 17 OF GUARDIANS AND WARDS ACT (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.
  • - SECTION 24 OF GUARDIANS AND WARDS ACT A guardian must look to The support, health and education, and such other matters as the law to which the ward is subject requires.
  • - SECTION 25 OF GUARDIANS AND WARDS ACT 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.
  • - SECTION 29 OF GUARDIANS AND WARDS ACT 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.
  • - SECTION 39 OF GUARDIANS AND WARDS ACT 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.
  • - SECTION 44 OF GUARDIANS AND WARDS ACT 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
  • - SECTION 3 OF THE DOWRY PROHIBITION ACT, 1961 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.
  • - SECTION 4 OF THE DOWRY PROHIBITION ACT, 1961 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.