Russell & Russell 2012 FamCA 99

Both parents were born in India and they married in India.  The couple met for the first time at their engagement and met again at their wedding.  The marriage was arranged by family members (arranged marriage).  The couple and their child relocated to Australia and separated about six months later.

The wife submitted that a dowry had been required by the father-in-law that was negotiated at the time of their engagement and was paid by her father before the wedding.   The dowry was required for the care and maintenance of the wife.  The payment of a dowry was illegal in India under an Act passed in 1961.  The wife submitted that the dowry comprised payment of cash, transfer of a motor vehicle, gold and silver, saris and suits for the extended family, household goods, and travel and  expenses for 80 guests at the wedding.  The husband denied that any dowry was requested or paid.

The judge noted that the matter was being addressed by a foreign court and declined to make any finding on this topic.