Subjected to torture it would mean that the amount

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subjected to torture , it would mean that the amount was demanded in connection with the marriage and it was a demand of dowry even though it was demanded after marriage. The phrase “in connection with marriage ” however is ambiguous and has not been interpreted in a uniform manner. The question of whether gifts received under coercion/ pursuant to demands being made, after the completion of the marriage ceremony, but during the course of the marriage, are included in the definition of dowry remains unanswered. The courts in the past have interpreted this clause in the favour of the defendants when they claimed that any gifts were exchanged out of affection rather than as a demand having any connection with marriage. Thus the defendants would often escape liability altogether solely based on classification of the property demanded. The requirement that dowry be defined as being “in connection with marriage” fails to recognize that most marriage negotiations are done confidentially and that any discussion about dowry exchange will be covert. Defendants can easily be acquitted by arguing that gifts given during marriage over a period of years were voluntary, out of affection, or connected with events apart from marriage, such as childbirths or religious festivals. In the case of Arjun Dhondida Kamble v. State of Maharashtra 5 where the deceased had committed suicide due to the non fulfillment of a demand made by the in-laws even though the demand was inconformity with the existent custom .The Bombay High Court held that “ giving presents are a part of a custom and giving such presents at festive occasions is in no connection with marriage .There is always an expectation amongst relatives thus such demands would not qualify as dowry ”. Similarly in the case of Madan Lal v. Amar Nath 6 the court stated that property given either to secure an agreement to marry or given at the time of marriage in exchange for of as the reason for the marriage , as it were. It ,may also include property given subsequent to the marriage but expressly deferred as the reason for the marriage but “would not include property that may pass hands subsequent to the marriage , even months or years after it , merely to save the marriage from being broken or to smoothen the course of matrimonial life , or to keep the family of the in-laws of the wife better disposed towards her”. 4 1989 Allahabad Law Journal 914 5 (1993)1 Mh LJ 1007
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113 The misinterpretation of the term ‘in connection with marriage’ is manifested in the recent case of the Supreme Court- Satvir Singh v State Of Punjab 7 The Court held: There are three occasions related to dowry. One is before the marriage, second is at the time of marriage and the third is at any time after the marriage. The third occasion may appear to be an unending period. But the crucial words are in connection with the marriage of the said parties. This means that giving or agreeing to give any property or valuable security on any of the above three stages should have
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  • Fall '19
  • DPA, Stridhan

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