Hello Sir,
Please be advised as follows:
Indeed the amount taken by you would be considered as dowry as per the Dowry Prohibition Act, 1961 under Section 2.
The penalty for taking dowry as enshrined under Section 3 of the Dowry Prohibition Act is imprisonment for a term of not less than 5 years and fine or the amount taken by you which ever is more.
Dowry is a very sensitive issue and it should in all the circumstances be avoided since it is a prima facie contravention of law and can prove to be fata in future if any case related to dowry death is raised against any partner.
Section 304B of Indian Penal Code deals with dowry death where if the wife dies the husband is subjected to minimum 7 years of punishment and which may extend to imprisonment for life.
he Hindu Marriage Act, 1955 and the Hindu Adoption and Maintenance Act, 1956, which grant the right to women to claim maintenance. Under Hindu laws, the quantum of maintenance amount is based on several factors like husband’s financial income, assets, liabilities, wife’s employment and earning status etc.
Section 125 of the Code of Criminal Procedure, 1973, which applies to all communities lays down the provision for maintenance of wives, children, and parents if they do not earn enough and reasonable means to maintain themselves, or suffer from any physical or mental incapacity. Under this section, even a wife who has not divorced her husband has the right to get maintenance from her husband.
The courts have said that ordinarily the wife is entitled to an amount of maintenance that will enable her to maintain almost the same standard of living to which she was entitled before the marriage broke down. In case of a minor child, his/her necessities are also taken into consideration.
Generally, courts award 1/4th of the husband’s income to the wife as maintenance. In a case last year, the Supreme Court Kalyan Dey Chowdhury vs Rita Dey Chowdhury set the benchmark at 25% of husband’s net salary as the amount for maintenance as “just and proper”. The court said that the amount of maintenance or permanent alimony must be sufficient to ensure that a woman lived with dignity after separating from her husband.
Please revert in case of any other query,
Thank you