Source: Patna High Court

Why in News?

Recently, the High Court of Patna in the matter of Naresh Pandit v. The State of Bihar and Anr., has observed if the husband demands money from wife’s parents for the maintenance of the newly born child, then such demand does not fall under the purview of Section 2 (i) of the Dowry Prohibition Act, 1961.

What was the Background of Naresh Pandit v. The State of Bihar and Anr. Case?

• In this case, the marriage of the petitioner (husband) was solemnized with the opposite party (wife) in the year 1994.
• Out of the wedlock, the wife gave birth to three children (2 sons and 1 daughter).
• The wife alleged that three years after their daughter's birth, the petitioner and his relatives demanded Rs.10,000 from her father to support and care for the girl child.
• It was also alleged that the wife was tortured for nonfulfillment of the demand of the petitioner and the other marital relations.
• Thereafter, the wife filed a complaint against the petitioner and other matrimonial relations.
• The Trial Court convicted and sentenced the petitioner and two other accused.
• Challenging his conviction, the Husband moved the Patna High Court wherein his counsel argued that the allegation made by the wife against the petitioner and other accused persons is general and omnibus in nature.
• The High Court set aside the judgment of the Trial Court.

What were the Court’s Observations?

• Justice Bibek Chaudhuri observed that if the husband demands money from the paternal home of the wife for rearing and maintenance of the newly born child, such demand does not come within the fold of the definition of dowry as per Section 2 (i) of the Dowry Prohibition Act, 1961.
• It was further held that the essential element of dowry is payment or demand of money, property or valuable security given or agreed to be given as consideration of marriage.

What is Section 2(i) of the Dowry Prohibition Act, 1961?

• Dowry is defined under Section 2(i) of the Dowry Prohibition Act, 1961.
• It states that 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 or any time after the marriage or in connection with the marriage of the said parties.

• It does not include dower or mahr in the case of persons to whom the Muslim Personal Law (Shariat) applies.
• The expression valuable security has the same meaning as in Section 30 of the Indian Penal Code, 1860.