Criminal Appeal No. 146 of 1992. Case: Hiramal Sundermal Kalantri Vs Kesharimal Premsukhdas Bhutada. High Court of Bombay (India)
| Case Number | Criminal Appeal No. 146 of 1992 |
| Counsel | For Appellant: B. S. Deshpande, Adv. and For Respondents: A. V. Bhide and Mr. Jichkar, Advs. |
| Judges | Ashok A. Desai, J. |
| Issue | Dowry Prohibition Act (28 of 1961) - Section 6 |
| Citation | 1996 CriLJ 1493 |
| Judgement Date | August 18, 1995 |
| Court | High Court of Bombay (India) |
Judgment:
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Question involved in this appeal is intricate and also of public importance. The facts relevant for adjudication are thus: The respondent No. 1 Kesharimal on 22-6-1988 married Usha. On 4-9-1988 Usha committed suicide. During the course of investigation vide Exh. 27, ornaments and other articles of deceased were seized. Mother of the respondent No. 1 was prosecuted for the offence punishable under Sections 306 and 498-A of the Indian Penal Code. However, she was acquitted. The learned Sessions Judge by the impugned order, rejected application under Section 6 of the Dowry Prohibition Act, 1961 ('The Act') presented by the applicant (father of deceased Usha) for delivering him the property so seized.
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According to Mr. Bhide, the learned Counsel for the respondent, the property in question was not given under any agreement or on demand, so as to constitute a Dowry. Section 6 of the Act on which reliance is placed has, therefore, no application.
Section 2 defines term "Dowry" thus:-
Dowry means any property or valuable security given or agreed to be given either directly or indirectly
(a) by one party to a marriage to the other party to the marriage; or
(b) by the parent of either party to a marriage or by any other person, to either party to the marriage or to any other person, at or before (or any time after the marriage) (in connection with the marriage) of the said parties, but does not include dower or mahr in the case of persons to whom the Muslim Personal Law (Shariat) applies.
Explanation I to Section 2 of the Act, read thus:-
Explanation:
"For the removal of doubts, it is hereby declared that any presents made at the time of a marriage to either party to the marriage in the form of cash, ornaments, clothes or other articles, shall not be deemed to be dowry within the meaning of this section, unless they are made as consideration for the marriage of the said parties." This Explanation has been withdrawn by Act No. 63 of 1984. Now strictly according to definition "Dowry" means any property or valuable security given or agreed to be given either directly or indirectly... Now even a voluntary gift or presentation at the time of marriage by the parent of either of the spouse falls squarely within the ambit of the term "Dowry". Such presentation of Gift need necessarily be a consideration of marriage.
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It is not disputed before me that the articles converted by Exh. 27 were received by deceased from her parents at the time...
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