High Court of Allahabad: Mandates Signed List of Marriage Presents Under Dowry Prohibition Act

Landmark Judgment Law Insider (1)

Published on: May 27, 2024 20:58 IST

Court: High Court of Allahabad

Case: Ankit Singh v. State of U.P. 2024

Honourable High Court of Allahabad has held that the parties to the marriage who are required to file the list of presents which are given at the time of marriage without the demand of dowry are required to be entered in a list and the aforesaid list is required to be signed by both bride and bridegroom.

It is held that Section 3(2) of the Dowry Prohibition Act, 1961 mandates that a list is being prepared by the parties to the marriage.

4. The legislature in its wisdom carved out an exception by providing that the presents which are given to the bride or the bridegroom at the time of marriage are not construed as dowry attracting Section 3 of the Dowry Prohibition Act. In order that the aforesaid exception is available to an individual, it is necessary that the aforesaid presents are entered in a list maintained in accordance with the Rules made under the Dowry Prohibition Act.

The Dowry Prohibition (Maintenance of Lists of Presents to the Bride and Bridegroom) Rules, 1985 have been framed in this respect by the Central Government in the marriage system gifts and presents act as a token of celebration and honouring the important event. The legislature was aware of the Indian tradition and as such the above mentioned exception was carved out.

The above mentioned list would also act as a measure to thrash out the allegations of dowry which are subsequently levelled in matrimonial dispute. The maintenance of the list is also important so that both the parties to the marriage and their family members may not level false allegation of taking dowry or giving dowry in a marriage subsequently.

The arrangement made by the Dowry Prohibition Act may also assist in subsequent litigation between the parties to arrive at a conclusion whether the allegations with regard to the taking or giving of dowry is covered by the exception carved out under section 3(2) of the Dowry Prohibition Act, 1961.

Drafted By Abhijit Mishra

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