Prayagraj: The Allahabad Superior Court has held that sustaining a record of items obtained by the bride or bridegroom at the time of marriage as recommended under Area 3(2) of the Dowry Prohibition Act, 1961 is significant to avoid phony allegations of dowry at the time of subsequent disputes.
“The routine maintenance of the list is also significant so that equally the get-togethers to the relationship and their relatives members might not stage phony allegations of using dowry or supplying dowry in a relationship subsequently. The arrangement made by the Dowry Prohibition Act may well also aid in subsequent litigation concerning the get-togethers to get there at a conclusion irrespective of whether the allegations with regard to the using or giving of dowry are included by the exception carved out underneath part 3(2) of the Dowry Prohibition Act, 1961,” Justice Vikram D. Chauhan mentioned.
Portion 3 of the Act offers penalties for supplying or having dowry as imprisonment for not significantly less than 5 several years and a high-quality not considerably less than Rs 50,000 or the quantity equivalent to the price of the dowry, whichever is bigger.
Sub-section (2) of Portion 3 presents that provides which are provided to the bride or the bridegroom at the time of relationship and have not been demanded are not ‘dowry’, furnished that a record of these types of items gained by both person is preserved in accordance with principles.
Rule 2 of the Dowry Prohibition (Upkeep of Lists of Presents to the Bride and Bridegroom) Rules, 1985 prescribes the way in which the list of gifts under Part 3(2) is to be managed.
“The Dowry Prohibition (Maintenance of Lists of Provides to the Bride and Bridegroom) Policies, 1985 have been framed in this respect by the Central governing administration, as in the Indian relationship process, items and offers act as a token of celebration and honouring the significant celebration. The legislature was mindful of the Indian tradition and as such, the earlier mentioned-mentioned exception was carved out. The earlier mentioned-described record would also act as a evaluate to thrash out the allegations of dowry which are subsequently levelled in matrimonial disputes,” the courtroom stated.
The court docket noticed that Area 8B demands the appointment of a Dowry Prohibition Officer for the reason of implementation of the Act, and accordingly, sought a reaction from the Uttar Pradesh Chief Secretary as to how quite a few Dowry Prohibition Officers have been appointed in the state and if they have not been appointed, then explain why they have not been appointed when dowry conditions are raising.
The subsequent listening to of the scenario will be held on Could 23.