Important Provisions of Dowry Prohibition Act 1961

 2. Definition of “dowry”.—In this Act, “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 parents 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 4[or any time after the marriage] 5[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.—6[* * *]

Explanation II.—The expression “valuable security” has the same meaning as in Section 30 of the Indian Penal Code (45 of 1860).

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Whether civil suit is maintainable for recovery of dowry and gold ornaments?

The IV Additional District Court, Kadapa, dismissed the petition in I.A. No. 606/2017 relying on Smt. G. Renuka's case MANU/AP/0021/1995 : AIR 1995 AP 130 (supra), wherein this Court in view of Section 6 of Dowry Prohibition Act, 1961, held that plaint is maintainable to recover the amount of dowry. It was observed thus:

"Para 13: I may also point out that the Dowry Prohibition Act contemplates two stages. The first stage is taking or giving or abetting of giving or taking of dowry. The second stage is, after taking dowry and pending transfer of the same to the beneficiary, the person holds it in trust for the benefit of the woman. Though under the first stage, namely, taking or giving or abetting of giving or taking of dowry is punishable and therefore such act is a void transaction; under second stage i.e. after taking the dowry, the Legislature itself has provided that the person who took the dowry shall hold it in trust for the benefit of the woman pending transfer in her favour. Therefore, during the second stage, it is open to a woman to file a suit to recover the amount from the person who held the dowry in trust, if that person has not transferred the trust property in favour of the woman for her benefit. It follows from the above, that the suit by the plaintiff, in this case, is maintainable, as admittedly, the 2nd defendant, who admitted to have received the amount of dowry from the father of the plaintiff by way of a cheque on 19-4-1974, had not transferred it for the benefit of the plaintiff. The observations made by this Court in G. Ramasubbaiah v. G. Rajamma (1975 (1) APLJ 168) also categorically say that giving or receiving of dowry will come within the mischief of Sec. 3 of the Act, subject to the provisions of Sec. 6. Subject to the provisions of Section 6 mean that the person taking the dowry holds the property for the benefit of the woman as a trustee. It does not mean to say that during the said period, the woman cannot file a suit for recovery of the same. Section 6 of the Act enables the wife to file a suit for recovery of the dowry paid, if the person who received the dowry has failed to transfer the property for the benefit of the woman within the prescribed period.

IN THE HIGH COURT OF JUDICATURE AT HYDERABAD 

C.R.P. No. 4329 of 2017

Decided On: 24.01.2018

Vadhiboyana Venkata Krishna Reddy Vs.  C. Venkata Ramama Reddy

Hon'ble Judges/Coram:

U. Durga Prasad Rao, J.

Citation: AIR 2019 Hyder 3

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