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Synopsis

The Allahabad High Court recently observed that since in the Indian marriage system gifts and presents act as a token of celebration and honoring the important event, under Section 3(2) of the Dowry Prohibition Act, 1961, presents given at the time of marriage to the bride or bridegroom are exempted from being considered as dowry.

However, these presents need to be entered in a list maintained in accordance with the Rules made under the Dowry Prohibition Act i.e. the Dowry Prohibition (Maintenance of Lists of Presents to the Bride and Bridegroom) Rules, 1985, the court emphasised. 

Court underscored that this list also acts as a measure to thrash out the allegations of dowry which are subsequently levelled in matrimonial disputes.

The bench of Justice Vikram D. Chauhan was dealing with an application filed under Section 482 CrPC by a husband and his family members.

The bench noted that in the case at hand, the parties to the marriage were filing cases with allegations of dowry, however, no lists in terms of Section 3(2) of the Dowry Prohibition Act and Rules of 1985 were filed by the husband or the wife or their family members.

"It may be a case where no list is being prepared by the parties to the marriage," court opined. 

It pointed out that it was also not brought to the court's attention that the aforesaid provision is, in any manner, being monitored or implemented by any responsible officer of the State Government.

"Section 3(2) of the Dowry Prohibition Act, 1961 is required to be implemented in its letter and spirit so that citizens are not subject matter of frivolous litigation," said the court. 

Court stressed that as per the aforesaid provision of law, presents which are given at the time of marriage without the demand of dowry is required to be entered in a list and the aforesaid list is required to be signed by both bride and bridegroom.

Further, it highlighted that under Section 8B of the Dowry Prohibition Act, Dowry Prohibition Officers are required to be appointed for the purpose of seeing that the provisions of the Dowry Prohibition Act are being complied with.

Therefore, on the issue, the single judge bench ordered that "the Chief Secretary, U.P. or any other officer authorised by him shall file an affidavit as to whether in terms of Section 8B of the Act, Dowry Prohibition Officers have been appointed by the State Government or not".

If dowry Prohibition Officers have not been appointed till date, the State Government shall explain as to why the Dowry Prohibition Officers have not been appointed when the disputes of dowry are rising, the court directed. 

It, however, clarified that in the event that the State Government has appointed Dowry Prohibition Officers, the steps taken by such Dowry Prohibition officers towards implementation of the provisions of the Dowry Prohibition Act will have to be shown in respect of preparation of the list of presents given in marriages as per section 3(2) of the Dowry Prohibition Act.

The State Government shall also disclose the orders issued for implementation of the Dowry Prohibition (Maintenance of Lists of Presents to the Bride and Bridegroom) Rules, 1985, court ordered. 

It also directed that the affidavit filed by the Chief Secretary should also mention the number of Dowry Prohibition Officers appointed till date and their designations. 

Furthermore, court ordered that "the State Government shall also file an affidavit to the effect whether at the time of registration of marriage, list of presents as required by the Dowry Prohibition (Maintenance of Lists of Presents to the Bride and Bridegroom) Rules, 1985 are being taken by the officers and being maintained so that subsequently in the event there is dispute between the parties to marriage with regard to the presents being given in marriage being designated as dowry, the same can be verified".

The State Government shall also file an affidavit whether any rules (for carrying out the purpose of the Dowry Prohibition Act) in terms of Section 10 of the Dowry Prohibition Act has been enacted by the State Government, it added. 

The matter will be next taken up for further consideration on May 25, 2024. 

Case Title: Ankit Singh And 3 Others v. State of UP and Another