Bride and groom must keep a list of gifts received at wedding: Allahabad High Court
Court observed that many disputes could be avoided if there was a transparent list of gifts received by the bride and groom during their marriage
The Allahabad High Court has recently highlighted the necessity of keeping a detailed record of gifts exchanged at weddings. This step is crucial in preventing the misuse of the Dowry Prohibition Act, 1961, and in reducing the number of false dowry cases. The court observed that many disputes could be avoided if there was a transparent list of gifts received by the bride and groom during their marriage.
Justice Vikram D. Chauhan from the bench stated that according to the law, specifically Section 3(2) of the Dowry Prohibition Act, gifts given at the time of marriage should be documented in a list. This list must be signed by both the bride and the groom to ensure that these gifts are not misconstrued as dowry.
The court has instructed the Chief Secretary of Uttar Pradesh, or another authorized officer, to provide an affidavit stating whether Dowry Prohibition Officers have been appointed as required by Section 8B of the Act. These officers play a vital role in enforcing the Dowry Prohibition Act.
If there is a shortage of appointed officers, the state government must provide reasons, especially with the increasing number of dowry disputes. If Dowry Prohibition Officers are in place, the government must outline the specific actions they have taken, particularly regarding the documentation of gifts as per the provisions of the Act.
Enforcing Dowry Regulations
Furthermore, the court has ordered the Uttar Pradesh government to disclose the actions taken to implement the Dowry Prohibition (Maintenance of Lists of Presents to the Bride and Bridegroom) Rules, 1985. The affidavit should state the number of Dowry Prohibition Officers appointed, their levels of operation, and confirm that the gift lists are being properly recorded at the time of marriage registration. This is to ensure that in the event of a dispute, the gifts can be
As per the existing laws, anyone involved in the giving or taking of dowry faces a minimum of five years in prison and a fine of at least fifteen thousand rupees or the value of the dowry, whichever is greater. However, the law exempts gifts given to the bride or groom during the marriage from being considered dowry, provided they are listed according to the Act’s rules and are customary and not excessive relative to the giver’s financial status.
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