Dr. Mamta R.

Guleria
Section 2 Dowry Prohibition Act,1961dowry" means any property or
valuable security given or agreed to be given either directly or indirectly-
(a) by one party to a marriage to the other party to the marriage; or
(b) by the parents of either party to a marriage or by a other person, to
either party to the marriage or to any other person; at or before or after the
marriage as consideration for the marriage of the said parties, but does not
include dower or mahr in the case of persons to whom the Muslim Personal
Law
(Shariat) applies.
Explanation I.-For the removal of doubts, it is hereby declare that any
presents made at the time of a marriage to either party to the marriage in the
form of cash, ornaments, clothes or other articles, shall not be deemed to be
dowry within the meaning of this section, unless they are made as
consideration for the marriage of the said parties.
State of H.P. Vs. Nikku Ram(1995) 6SCC219
Section3. Penalty for giving or taking dowry. If any person, after the
commencement of this Act, gives or takes or abets the giving or
taking of dowry, he shall be punishable with imprisonment which
may extend to five years, or with fine which may extend to fifteen
thousand rupees, or with both.
Section 4. Penalty for demanding dowry. If any person, after the
commencement of this Act, demands, directly or indirectly, from the
parents or guardian of a bride or bridegroom, as the case may be, any
dowry, he shall be punishable with imprisonment for a term which
shall not be less than six months and may extend to two years or with
fine which may extend to ten thousand rupees.
Section 8. Offences to be cognizable for certain
purposes and to be bailable and non-compoundable.
Mahr or dower is a sum that becomes payable by
the husband to the wife on marriage, either by
agreement between the parties or by operation of
law.
According to Ameer Ali, Dower is a
consideration which belongs absolutely to the
wife.
According to Mulla, Dower is a sum of money or
other property which the wife is entitled to
receive from the husband in consideration of the
marriage.
1.Specified Dower (mahr-i-musamma)

(a)Prompt Dower (muajjal)

(b) Deferred Dower (muwajjal)

2.Customary Dower or Proper Dower(mahr-i-misl)

Refusal to cohabit
(Abdul Kadir vs. Salima ILR1886)
(Nasra Begum vs. Rizwan Ali AIR 1980 All.118)
Right to dower as debt
Right to retain her deceased husband’s property
• Right to retain possession of property
• Actual possession
• Right of retention not analogous to mortgage
• Not a charge
• A possessory lien on property is no title
• (Maina Bibi vs. Chaudhary Vakil Ahmad(1924)
• Widow in possession liable to account
• She can sue heirs
• Whether heritable or transferable