Bench:
J. Anitha M.R
Parties:
Petitioner: Vishnu R.
Respondent: State of Kerala
Deepthi K.S
Date:
14th December 2021
Subject
The Kerala High Court ruled that gifts given to the bride, without any demand from the groom’s side does not amount to dowry.
Important provisions
Dowry Prohibition Act 1961
- Section 3 - the penalty that one has to face upon taking and giving of Dowry
- section 6- persons taking dowry for the benefit of the wife and her heirs. The dowry should be transferred to the wife, otherwise the person taking it would be convicted.
Overview
The case was about an estranged couple, where the petitioner’s wife, initiated proceedings under nodal officer for Dowry case after their marital relationship got strained. The husband filed petition to negate the proceeding filed by the wife. However, the judge negated the proceeding and jurisdiction of the nodal dowry prohibition officer and allowed the petition of the petitioner.
Analysis
- The Petition was filed by Vishnu R aged 31 in response to his wife Deepthi K.S who initiated proceedings under nodal officer for Dowry case after their marital relationship got strained.
- It was contended that the wife’s family had deposited all her ornaments in the couple’s name in the bank locker where the key was with the wife.
- The petitioner argued that the District Nodal Officer did not have the jurisdiction to entertain the respondent’s petition as the allegation levelled was that ornaments which were given for her wellbeing were kept in bank locker and not yet returned.
- The court said that the very affirmation was that the ornaments were in the bank locker with the key in the hand of the respondent. Therefore, it was held that the presents made to the bride at the time of marriage, without demand being made does not amount to dowry.
- The court found that the Dowry Prohibition Officer will have jurisdiction to pass a direction only if it is found that the ornaments to be given to the respondent to constitute dowry.
- In absence of any such situation, the dowry prohibition officer will have no jurisdiction to pass such order and such impugned order will not be taken into consideration.
- The petitioner shall give back such ornaments to the respondent and thus, court allowed such petition. The honourable justice laid down that such ornaments did not amount to dowry.
Conclusion
This particular judgement lays downthe ingredients and distinctions between a dowry and gift. It also lays down the limitations to the directions and the jurisdiction of Nodal Dowry Prohibition Officer.
Click here to download the original copy of the judgement
