Bihar: Patna. If a person demands money from his wife or in-laws before or after marriage, then it comes under the category of dowry. There is a provision of punishment in the law for those who demand dowry. But Patna High Court gave an important decision in a case related to dowry. The High Court has given an important decision saying that if the husband demands money from the wife’s ancestral house for the upbringing of his newborn child, then such demand does not come under the definition of dowry. A single bench of Justice Bibek Chaudhary gave this decision while accepting the criminal revision petition filed by Naresh Pandit. The petitioner had challenged his sentence in the High Court under Section 498A of the IPC and Section 4 of the Dowry Prohibition Act 1961.
Accused of demanding money from in-laws for child rearing
The court was told that the marriage of petitioner Naresh with Srijan Devi took place in the year 1994 as per Hindu customs. During this time they had three children – two boys and a girl. The wife alleged that three years after the birth of their daughter, the petitioner demanded Rs 10,000 from her father for the care and maintenance of the girl. It was also alleged that the wife was tortured when her demands were not met. After examining the case, the Court found that the demand of Rs 10,000 was not made as consideration for the marriage between the complainant and the petitioner, hence, it does not fall within the definition of ‘dowry’ under Section 498A of the IPC.
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This demand cannot be called dowry
In the High Court, the lawyer of husband Naresh Pandit argued that the allegations made by the wife against the husband and other accused persons of the family are of general and all-embracing nature and hence their punishment order should be cancelled. After hearing all the parties, the High Court canceled the verdict and order of conviction and sentence passed by the lower court. The court said that if the husband demands money from the wife’s ancestral home for the upbringing and maintenance of his newborn child, then such demand does not fall within the scope of the definition of dowry as per the Dowry Prohibition Act-1961.