Bride’s gift from parents in marriage is not dowry – Kerala HC’s big decision

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Kochi: The Kerala High Court has held that a gift given to a bride by her parents at the time of marriage cannot be treated as dowry within the purview of the Dowry Prohibition Act, 1961. The Single Judge Bench said this while considering a petition. The court heard the petition filed against the order issued by the Kollam District Dowry Prohibition Officer. The District Dowry Prohibition Officer ordered the return of the jewelry gifted to the bride by the bride’s parents. As per the law, gold jewelry gifted by the bride’s parents out of their will does not come under dowry. The petitioner argued that the Dowry Prohibition Officer has no right to interfere or issue orders.

Judge Justice MR Anita set aside the order of the Dowry Prohibition Officer as it was not clear whether the officer had conducted an inquiry. Also, it was not confirmed whether the jewelry was received as a dowry or not. The woman demanded that 55 gold ornaments found by her for marriage be returned to her. He also told that the ornaments were kept in a locker of the cooperative bank.

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The petitioner stated that he would return the jewelry kept in the locker and the necklace was given to him by the bride’s family at the time of marriage. After the woman agreed to this, the petition was disposed of.

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