Dowry to avoid wedding call-off is no crime: Delhi high court

Giving dowry in the fear that a marriage may be called off is not an offence, the Delhi high court held on Thursday while quashing an FIR against a bride and her parents for conceding to the demands of the groom’s family.

Justice Ajit Bharihoke said dowry was given under duress as the groom’s family threatened to cancel the marriage.

“As per allegations in the complaint, the demand for dowry was made by the father of the respondent [groom] at the time of engagement; he asked the girl’s father to concede to his demand for dowry, failing which he would call off the marriage,” the court said.

“It is obvious that the petitioner and her parents were confronted with the unenviable situation to either concede to the demand or face loss of family honour in society, and if in that fear, the petitioner and her parents conceded the demand for dowry, they cannot be faulted as they were victims of the circumstances,” it said.

Granting relief to the bride, the court said she could not be subjected to prosecution under the Dowry Prohibition Act.