More information on this matter

Dear Client,
A loan availed by a borrower making one a co-borrower/guarantor cannot be considered a dowry in the absence of any written MOU between the parties to that effect. The definition of the term "dowry" under Section 2 of the Dowry Prohibition Act, 1961 shows that 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 parent of either party to a marriage or by any other person, to either party to the marriage or to any other person, at or before or any time after the marriage in connection with 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. The expression “valuable security” has the same meaning as in Section 30 of the Indian Penal Code. Section 30 of the IPC defines "valuable security" as a document that, either in itself or by its nature, creates, extends, transfers, restricts, extinguishes, or releases a legal right or acknowledges legal liability or the absence of a legal right. So, according to the definition of dowry as defined under the Act and the valuable security as defined under the IPC, a loan availed of by the primary borrower making one co-borrower/co-applicant does not impose any legal right or liability on the co-applicant/co-borrower unless the primary borrower fails to repay the loan and such a financial transaction shall not be considered as dowry to anticipated marriage. However, in case your fiance or her family litigate the matter before the Court, considering your present financial constraint, your mother can apply to the Member Secretary, the State Legal Services Authority or the District Legal Services Authority seeking free legal aid available to women under Section 12(c) of the Legal Services Authorities Act, 1987 to contest the case before the Court to meet the end of justice.