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Thursday, 15 November 2012

Dowry & Law

Dowry Act


The Dowry Prohibition Act of 1961 says that any person who gives, takes, or abets the giving or taking of dowry shall be punished with imprisonment, which may extend to six months or with fine up to Rs. 5,000 or with both. When an FIR (First Information Report) under IPC section 498A (anti-dowry law) is registered by a woman, the accused - the husband and his old parents, brothers, sisters, relatives - are arrested and jailed without investigation.

What is a "matrimonial home"?
What rights do women have in their matrimonial home?

The matrimonial home is the household a woman shares with her husband; whether it is rented, officially provided, or owned by the husband or his relatives whether or not she has any legal title in the household.

A woman has the right to remain in the matrimonial home along with her husband as long as she is married, though there is no definite law regarding this right. If a woman is being pressurized to leave the matrimonial home, she can ask the Court for an injunction or "restraining order" protecting her from being thrown out. This can usually be obtained quite easily

It is generally advisable not to leave the matrimonial home; it is easier to get a court order preventing a woman being thrown out than to get an order enforcing her right to return to it once she has left or been thrown out.

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Ditulis Oleh : Sartaj Husain Hari: 14:25 Kategori:

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