The irrevocability of a gift under Mohammedan Law once the donor relinquishes control and domain over the property gifted.

I.A. Ansari, J.

1. The deceased, Darjina Begum, was the wife of the accused-petitioner, Anwar Ali. Following the death of his daughter, Darjina Begum, her father, namely, Md. Mozibul Hoque, lodged an FIR at Paltan Bazar Police Station alleging, inter alia, that the said deceased was subjected to cruelty on her failure and, On the failure of her parents to meet demands of dowry raised from the end of the accused-petitioner and died under suspicious circumstances. Based on this FIR, All Women P.S. Case No. 13/2001, Under Section 304(B)/34 IPC, was registered. Thereafter, the said Md. Mozibul Hoque i.e. the opposite party herein, lodged a complaint in the Court of the learned Chief Judicial Magistrate, Kamrup, which gave rise to Complaint Case No. 2172/2001, wherein, while repeating his allegations that his daughter, namely, Darjina Begaum, had been subjected to cruelty on account of her inability to meet the demands for dowry raised by the accused-petitioner, the complainant-opposite party further alleged that he had gone to the house of the accused-petitioner to bring back the ornaments, various other valuables and money, in cash, which he had given, on the occasion of the marriage, to his said daughter, Darjina Begum, but instead of returning the same, the accused-petitioner had abused the complainant-opposite party, and drove him out of the house and threatened him with dire consequences.

2. After examining the complaint and the witnesses, the learned Judicial Magistrate, first Class, Kamrup, Guwahati, took cognizance of offences Under Sections 403/406/506 IPC against the accused-petitioner and accordingly directed issuance of summons to him vide its Order, dated 08.10.2001. The learned Court below also directed issuance of search warrant for search of the house of the accused-petitioner and seizure of the articles, a list of which had been annexed with the complaint petition by the complainant-opposite party.

3. In course of time, the search warrant was executed and some of the articles were seized. When the case reached the stage for recording of evidence before charge, the accused-petitioner came up with this revision petition seeking quashing of the complaint aforementioned.

4. I have heard Mr. S.K. Sharma, learned counsel for the accused-petitioner. Since none has appeared, on behalf of the complainant-opposite party, this Court appointed Dr. B. Ahmed as Amicus Curie and he has been accordingly heard.

5. By this revision petition, the maintainability of the complaint has been challenged by the accused-petitioner. While considering this revision, it is of utmost importance to note that the parties concerned are governed by Mohammedan Law. Though Mohammedan law provides for both forms of gifts, namely, oral as well as written, it lays down four conditions for making a gift valid, the conditions being (i) declaration of gift by the donor, (ii) relinquishment by donor of ownership of, and dominion over, the gift, (iii) acceptance of the gift by the donee and (iv) delivery of possession of the property by donor. The relinquishment of control and ownership by the donor is necessary to complete the gift (see Most. Bibi v. Sheikh Wahid, reported in ILR (1928) 118 and Bibi Riajan Khatoon and Ors. v. Sadrul Alam and Ors. reported, in.

6. A donor, in Mohammedan Law, can revoke a gift before he relinquishes his control and dominion over the property, in question. In other words, until the time the donor has relinquished his control and dominion over the property, and before the donee takes possession of the property gifted, the donor can cancel the gift, the reason being that before delivery of possession, there is no gift Under Mohammedan Law.

7. In short, relinquishment of gift Under Mohammedan Law is possible as long as donor has not relinquished his control and domain over the property; but once the donor relinquishes his control and domain over the property gifted, the donor retains no power to revoke his gift.

8. In the case a