Judgment

PATHAK, J. :- The petitioner, Shri Bhagwant Singh, has applied to this Court for relief in the matter of the death of his married daughter, Gurinder Kaur.

2. Shri Bhagwant Singh is a member of the Indian Revenue Service. His daughter, Gurinder Kaur, was one of three children. She was an intelligent and talented girl who secured a first division in the Senior Combridge Examination and had obtained a B. Sc. (Home Science) Degree from Lady Irwin College. She was endowed with good looks and a pleasing personality and her education and department attracted notice. It is, apparent that the father was proud of his daughter.

3. Shri Bhagwant Singh and Shri Kartar Singh Sawhney were colleagues in the office. They had been friends for over thirty years. Shri Kartar Singh has a son, Amarjit Singh. The family lived at J-7/93, Rajouri Garden, New Delhi. The son ran a motor parts shop at Kashmere Gate, Delhi. It appears that the two colleagues decided on a marriage between Gurinder kaur and Amarjit Singh in view of the close association of the two families.

4. From the very beginning, it seems, Shri Bhagwant Singh was opposed to the evils of the dowry system and the sentiment was also deeply entrenched in Gurinder Kaur for, it appears, she along with other girls of her college signed a pledge in favour of the "anti-dowry movement". According to Shri Bhagwant Singh, there was an express stipulation between the respective parents that no dowry would be demanded in the marriage. The marriage started off well and the young couple enjoyed a harmonious relationship for the first few months. But very soon, it is alleged, Gurinder Kaur became, conscious of broad hints from her mother-in-law that gifts in the shape of money and jewellery were expected from her parents. Shri Bhagwant Singh, on being informed of this decided to ingnore it firm in his conviction that any insidious attempt to extract a dowry should not be countenanced. It is alleged that from this point Gurinder Kaur became the victim of constant ill-treatment by her mother-in-law. She was carrying a baby. but amids the oppressive tensions at home she suffered a miscarriage and was admitted to a Nursing Home.

5. According to Shri Bhagwant Singh. his daughter continued to be ill-treated and was often taunted that unless she observed the family tradition of presenting a necklace to her mother-in-law she would remain without child. It is said that the pressure on Gurinder Kaur continued unabated and it was not long before her husband got it conveyed to Shri Bhagwant Singh that he required about Rs. 50,000 for financing his business. As Shri Bhagwant Singh remained firm in his resolve not to yield to these pressures, it is alleged that the girl continued to be harassed and her parents-in-law made it plain to her that they regretted the marriage. The attitude and relations of her husband and his family towards her went from bad to worse, and the regard which ordinarily a bride in the house can expect to receive was replaced by a continuing scorn and contempt and ill will. It must be recalled that Gurinder Kaur was a girl of good family of refined character and well educated. Brought up in a home where the dowry system was regarded as an evil to be opposed. It can be presumed that she rebelled strongly agianst the attempts at extortion directed against her father. It is reasonable to assume that the relations between the young husband and wife were vitiated by bitter discord, and that she lived in the home in an atmosphere of open and continuous hostility.

6. On August 9, 1980 ten months after the marriage. Gurinder Kaur, aged 22 years was found dead of third degree burns from a kerosene fire in the bath room. According to the family of Kartar Singh, all the members of the family had proceeded to the Gurudwara Bangla Sahib in the early morning, and on their return the girl had prepared breakfast for the eight members of the family. She and her husband ate breakfast later and it is said the