Southern States - Andhra Pradesh   

Dowry demand after marriage also punishable: HC

By Our Legal Correspondent

HYDERABAD SEPT. 2. A full Bench of the High Court comprising three judges declared that any demand made for dowry/additional dowry even after the marriage is also punishable.

The Bench comprising of Mr. Justice Bilal Nazki, Mr. Justice Goda Raghuram, Mr. Justice K.C. Bhanu was answering a reference made to the full Bench. In one judgment, it was declared that "if there is no agreement between the parties to a marriage to give or take any property or valuable security or where the property or valuable security has been given and taken but there after further amounts are demanded after the marriage, such demand will not fall within the meaning of dowry.''

Another Division Bench which had an occasion recently to deal with a case where there were allegations that the husband's family demanding money or property after the marriage was completed, felt that the earlier judgment is in conflict with various decisions of the Supreme Court and the law. Therefore it referred the case to the full Bench to lay down correct law. The present Bench comprising the three judges speaking through Mr. Justice Bhanu said, "The Legislature in its wisdom while providing a definition of "dowry'' has emphasised that any money, property or valuable security given as consideration for marriage "before, at or any time after'' the marriage would be covered by the expression "dowry'' as commonly used and understood is different from the peculiar definition thereof under the Act.'' The Judge further said that the decisions of the Supreme Court and the object "Dowry Prohibition Act'' clearly shows that any property or valuable security given or agreed to be given comes within the purview of dowry on three occasions, before the marriage, at the time of marriage, at any time after the marriage.

The Bench concluded, "We hold that there need not be an agreement at or before or after the marriage between the parties to constitute the definition of "dowry.'' Any demand made before or at or after the marriage for any property or valuable security falls within the definition of dowry. Mere demand for dowry/additional dowry after the marriage also is punishable, on the other ingredients being satisfied.''

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