The Allahabad High Court has said that a list of gifts to be given in a wedding should be made. It should also be signed by the bride and bridegroom. This will help people avoid useless dowry cases.
A Single Bench of Justice Vikram D Chauhan heard an application under section 482 filed by Ankit Singh and 3 Others.
In this Court a sizable number of litigations arising out of Dowry Prohibition Act, 1961 are coming up. The disputes are matrimonial disputes.
The Court noted that,
As per Section 3(2) of the Dowry Prohibition Act, 1961, presents given at the time of marriage to the bride or bridegroom which are entered in the list maintained in accordance with the Rules made under the Act shall not be construed as dowry under Section 3 of the Dowry Prohibition Act.
The Dowry Prohibition (Maintenance of Lists of Presents to the Bride and Bridegroom) Rules, 1985 has been enacted.
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 presents are entered in a list maintained in accordance with the Rules made under the Dowry Prohibition Act.
The Court said that 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 Indian 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 maintenance of the list is also important so that both the parties to the marriage and their family members may not level false allegations 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.
Before the Court the parties to the marriage are filing cases with allegations of dowry, however, no list in terms of Section 3(2) of the Dowry Prohibition Act and Rules of 1985 are being filed by the husband or the wife or their family members, the Court noted.
The Court further said that it may be a case where no list is being prepared by the parties to the marriage. It has not been brought to the notice of the Court 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.
As per the aforesaid provision of law, a 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. Under section 8B of the Dowry Prohibition Act, Dowry Prohibition Officers are required to be appointed for the purpose to see that the provisions of the Dowry Prohibition Act are complied with, the Court observed.
The Court directed 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.
In the event, 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 dispute of dowry is rising.
In the event, the State Government has appointed Dowry Prohibition Officers, it is then imperative that the steps taken by such Dowry Prohibition officers towards implementation of the provisions of the Dowry Prohibition Act is shown in respect of preparation of list of presents given in the marriage 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. The Dowry Prohibition Officers are enjoined with the duty to ensure compliance of the Dowry Prohibition Act and the Rules framed thereunder. The affidavit shall also disclose how many Dowry Prohibition Officers have been appointed throughout the State and at what level.
The Court further directed the State Government to 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 Court also directed the State Government to 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. A copy of the same shall also be placed before the Court on the next date.
The Court has fixed the next hearing of the petition on 23.5.2024.