Family LawLegal Soul BlogDOWRY ARTICLES

August 7, 2023

Definition of Dowry

Definition of Dowry under the DOWRY AND BRIDAL GIFTS (RESTRICTION) ACT, 1976 ”

Dowry’ means any property given before, at or after the marriage either directly or indirectly, to the bride by her parents in connection with the marriage but it does not include property which the bride may inherit under the laws of inheritance and succession applicable to her”

Suit for recovery of dowry articles.

Dowry articles given to daughter by her parents, at the time of marriage, in any case of marriage dispute or dissolution of the marriage between husband and wife, the wife is fully entitled to claim possession of the Dowry Articles from her husband and wife is also entitled to claim possession of Gift items given to her at the time of marriage by either side.

WHAT ARE THE DOCUMENTS REQUIRED TO FILE A SUIT FOR RECOVERY of dwory articles IN THE FAMILY COURT?

Following are the documents required to file a suit for recovery in Family Court:

  1. List of dowry articles which must mention the cost of acquisition of each article
  2. Invoices and receipts issued for purchase of article by different Vendors
  3. Proof of financial sustenance of parents to purchase such articles.
  4. Copy of marriage certificate/Nikkah Nama

WHAT IS THE PROCEDURE FOR FILING SUIT FOR RECOVERY IN FAMILY COURT?

It is the wife who can file a suit for recovery of dowry articles in Family Court. The wife in order to file a suit will require to appoint an expert family lawyer who shall proceed to prepare the suit draft after technically analyzing the facts of the case and the documents provided by the client. Once the draft is ready and is signed and approved by the wife, the same is filed in the Family Court for adjudication.

Jurisdiction of Family Court.

Normally, suit for recovery of Dowry Article can be filed in family court in whose territorial jurisdiction the wife presently resides.

 

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