Stridhan Outside The Scope of Dowry Prohibition Act: Kerala HC

• In an appeal filed by the husband in a dowry case (Vishnu R. Vs State of Kerala), Justice M.R.Anitha of the Hon’ble Kerala HC has held that the gifts given to the bride for her welfare are outside the scope of Dowry Prohibition Act.
• The petitioner in this case had married the respondent in 2020. Relations became strained between the two as a result of which the respondent initiated legal proceedings before the Nodal Officer.
• According to the counsel for the petitioner, the parents and brother of the respondent had deposited all the jewellery in their joint bank locker, the keys of which were with the respondent (wife).
• The petitioner also argued that “the Dowry Prohibition Officer will not get jurisdiction to entertain the petition since the allegation of the respondent (wife) is that the ornaments which were given to her for her well being have been kept in the bank locker and was not yet returned”.
• The Hon’ble Court held that “the presents given at the time of marriage to the bride without any demand having been made in that behalf and maintained in a list in accordance with the rules made under this Act ( has to be highlighted) will not come within the purview of section 3(1) which prohibits giving and taking of dowry”.
• Shedding light on the jurisdiction of the Dowry Prohibition Officer, the Court held that the DPO will have jurisdiction only when the ornaments directed to be returned to the wife constitute dowry and has been received by a person other that the wife who is entitled to it according to section 6 of the Dowry Prohibition Act. In this condition the DPO can direct the parties to return the same.

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