Where ever exorbitant claims are made about the amount spent on marriage and other ceremonies and on dowry and gifts, police should verify income tax of dowry givers and prosecute them as dowry givers

Smt Neera Singh vs The State (Govt of NCT of Delhi) and Ors

Delhi HC

23/02/2007

138 (2007) DLT 152; I (2007) DMC 545; CRL.M.C.7262/2006

About/from the judgment:

I consider where these kinds of allegations are made, the police should simultaneously register a case under Dowry Prohibition Act (in short, the Act) against the parents of the complainant as well, who married their daughter despite demand of dowry. Section 3 of the Act prohibits giving and taking of dowry.

 

Now-a-days, exorbitant claims are made about the amount spent on marriage and other ceremonies and on dowry and gifts. In some cases claim is made of spending crores of rupees on dowry without disclosing the source of income and how funds flowed. I consider time has come that courts should insist upon disclosing source of such funds and verification of income from tax returns and police should insist upon the compliance of the Rules under Dowry Prohibition Act and should not entertain any complaint, if the rules have not been complied with. Rule 2 of the Dowry Prohibition (Maintenance of List of Presents to the Bride and Bridegroom) Rules, 1985 reads as under:

 

2. RULES IN ACCORDANCE WITH WHICH LISTS OF PRESENTS ARE TO BE MAINTAINED.-

(1) The list of presents which are given at the time of the marriage to the bride shall be maintained by the bride.

(2)The list of presents which are given at the time of the marriage to the bridegroom shall be maintained by the bridegroom.

(3)Every list of presents referred to in Sub-rule(1) or Sub-rule(2)-

(a) shall be prepared at the time of the marriage or as soon as possible after the marriage;

(b) shall be in writing;

(c) shall contain:-

(i) a brief description of each present;

(ii) the approximate value of the present;

(iii) the name of the person who has given the present; and

(iv) where the person giving the present is related to the bride or bridegroom, a description of such relationship. (d) shall be signed by both the bride and the bridegroom.

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