The Hindu : National : "Seeking money from in-laws need not be dowry demand"

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Monday, Jan 08, 2007
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"Seeking money from in-laws need not be dowry demand"

Legal Correspondent

Such a demand to meet urgent expenses does not warrant prosecution: Supreme Court

NEW DELHI: The Supreme Court has held that seeking financial assistance from in-laws by the son-in-law to meet urgent domestic expenses will not amount to a demand for dowry warranting criminal prosecution.

"A demand for money on account of some financial stringency or for meeting some urgent domestic expenses or for purchasing manure cannot be termed as a demand for dowry," said a Bench consisting of Justice G.P. Mathur and Justice R.V. Raveendran. The Bench set aside a judgment of the Bombay High Court confirming the trial court's order convicting and sentencing a man to seven years' rigorous imprisonment in an alleged dowry death case.

In the instant case, Appasaheb was convicted for the death of his wife of seven years, Bhimabai, after she consumed poison. A case was registered against him and his mother under IPC Sections 498A (cruelty against woman for dowry), 304-B (dowry death) read with 34 (common intention) and 306 (abetment of suicide). Though the accused were acquitted for the offence of cruelty and abetment, the husband was convicted on the charge of dowry death. Allowing the appeal, the Bench quashed the conviction and said the statement of the mother of the deceased did not state that the cause for ill treatment was a demand for money and consequent beating.

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