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2024 Supreme(All) 1802
IN THE HIGH COURT OF ALLAHABAD
VIKRAM D. CHAUHAN, J.
Ankit Singh and 3 ors. - Applicants
Versus
State of U.P. and anr. - Opposite Parties
APPLICATION UNDER SECTION 482 NO. 10631 OF 2024.
Decided On : 08-05-2024
For the Applicant : D.K.Ojha, Vikas Kumar Ojha.
For the Opposite Party : G.A.
The Dowry Prohibition Act mandates the maintenance of lists of presents given at marriage to prevent dowry allegations, requiring state enforcement for compliance.
Headnote:(A) Dowry Prohibition Act, 1961 - Section 3(2) - Dowry Prohibition (Maintenance of Lists of Presents to the Bride and Bridegroom) Rules, 1985 - The Act prohibits dowry and mandates that presents given at marriage must be recorded in a list to avoid dowry allegations - The absence of such lists leads to frivolous litigation. (Paras 1-4)
(B) Implementation of Law - The court emphasized the need for the appointment of Dowry Prohibition Officers to ensure compliance with the Act and its rules, highlighting the importance of monitoring to prevent misuse. (Paras 6-10)
Facts of the case:
The court noted a significant number of matrimonial disputes arising from dowry allegations, with parties failing to maintain the required lists of presents as per the Dowry Prohibition Act.
Findings of Court:
The court directed the State Government to file affidavits regarding the appointment of Dowry Prohibition Officers and the implementation of the Dowry Prohibition Act and its rules.
Issues: The main issues included the lack of compliance with the Dowry Prohibition Act regarding the maintenance of lists of presents and the need for monitoring by the State Government.
Ratio Decidendi: The court ruled that the absence of maintained lists of presents undermines the purpose of the Dowry Prohibition Act, necessitating state intervention to prevent frivolous litigation.
Result: The State Government is required to file affidavits regarding compliance and implementation of the Dowry Prohibition Act.
JUDGMENT
In this Court sizeable number of litigations arising out of Dowry Prohibition Act, 1961 are coming up. The disputes are matrimonial dispute section 3 of the Dowry Prohibition Act is quoted hereinbelow:-
"3. Penalty for giving or taking dowry. - (1) If any person, after the commencement of this Act, gives or takes or abets the giving or taking of dowry, he shall be punishable with imprisonment for a term which shall not be less than five years, and with fine which shall not be less than fifteen thousand rupees or the amount of the value of such dowry, whichever is more:
Provided that the Court may, for adequate and special reasons to be recorded in the judgment, impose a sentence of imprisonment for a term of less than five years.
(2) Nothing in sub-section (1) shall apply to, or in relation to, -
(a) presents which are given at the time of a marriage to the bride (without any demand having been made in that behalf):
Provided that such presents are entered in a list maintained in accordance with the rules made under this Act;
(b) presents which are given at the time of a marriage to the bridegroom (without any demand having been made in that behalf):
Provided that such presents are entered in a list maintained in accordance with the rules made under this Act:
Provided further that where such presents are made by or on behalf of the bride or any person related to the bride, such presents are of a customary nature and the value thereof is not excessive having regard to the financial status of the person by whom, or on whose behalf, such presents are given."
2. As per section 3(2) of the Dowry Prohibition Act, 1961, presents given at the time of marriage to the bride or bridegroom which are entered in the list maintained in accordance with the Rules made under the Act shall not be construed as dowry under section 3 of the Dowry Prohibition Act.
3. The Dowry Prohibition (Maintenance of Lists of Presents to the Bride and Bridegroom) Rules, 1985 has been enacted. Rule 2 is quoted hereinbelow:-
"2. Rules in accordance with which lists of presents are to be maintained.- (1) The list of presents which are given at the time of the marriage to the bride shall be maintained by the bride.
(2) The list of presents which are given at the time of marriage to the bridegroom shall be maintained by the bridegroom.
(3) Every list of presents referred to in sub-rule (1) or sub-rule (2),-
(a) shall be prepared at the time of the marriage or as soon as possible after the marriage,
(b) shall be in writing,
(c) shall contain,-
(i) a brief description of each present;
(ii) the approximate value of the present;
(iii) the name of the person who has given the present; and
(iv) where the person giving the present is related to the bride or bridegroom, a description of such relationship;
(d) shall be signed by both the bride and the bridegroom.
Explanation 1.- Where the bride is unable to sign, she may affix her thumb impression in lieu of her signature after having the list read out to her and obtaining the signature, on the list, of the person who has so read out the particulars contained in the list.
Explanation 2.- Where the bridegroom is unable to sign he may affix his thumb-impression in lieu of his signature after having the list read out to him and obtaining the signature, on the list of the person who has so read out the particulars contained in the list.
(4) The bride or the bridegroom may, if she or he so desires, obtain on either or both of the lists referred to in sub-rule (1) or sub-rule (2) the signature or signatures of any other person or persons present at the time of the marriage."
4. The legislature in its wisdom carved out an exception by providing that the presents which are given to the bride or the bridegroom at the time of marriage are not construed as dowry attracting section 3 of the Dowry Prohibition Act. In order that the aforesaid exception is available to an individual, it is necessary that the aforesaid presents are en
