Bride, Groom Should Maintain List Of Gifts Received At Marriage To Prevent Subsequent False Allegations Of Dowry: Allahabad High Court

The Allahabad High Court has held that maintaining a list of gifts received by the bride or bridegroom at the time of marriage as prescribed under Section 3(2) of the Dowry Prohibition Act, 1961 is important to prevent false allegations of dowry at the time of subsequent disputes.

“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,” held Justice Vikram D. Chauhan.

Section 3 of the Dowry Prohibition Act, 1961 provides penalties for giving or taking dowry as imprisonment for not less that 5 years and fine not less than Rs. 50000 or the amount equal to the value of dowry, whichever is higher. Sub-section (2) of Section 3 provides that presents which are given to the bride or the bridegroom at the time of marriage which have not been demanded are not 'dowry' provided that a list of such gifts received by either person is maintained in accordance with rules.

Rule 2 of the Dowry Prohibition (Maintenance of Lists of Presents to the Bride and Bridegroom) Rules, 1985 prescribes the manner in which the list of gifts under Section 3(2) is to be maintained.

The Court observed that legislature has carefully exempted the gifts received by the bride or bridegroom at the time of marriage from the definition of 'dowry' under the Act. The Court held that to avail such exemption, it is necessary for the bride and the bridegroom to maintain the list of gifts received in accordance with the Rules.

“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 above-mentioned list would also act as a measure to thrash out the allegations of dowry which are subsequently levelled in matrimonial dispute.”

The Court observed that in the case before it, neither party had filed any list under Section 3(2) of the Dowry Prohibition Act and Rules of 1985 while alleging the demand of dowry. The Court observed that even though the parties may not be maintaining list, the Court was not informed as to how Section 3(2) was being implemented by 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.”

The Court observed that the Section 8B requires appointment of Dowry Prohibition Officer for the purpose of implementation of the Act. Accordingly, the Court sought response from the Chief Secretary of the State of Uttar Pradesh as to how many Dowry Prohibition Officers have been appointed in the State and if they have not been appointed then explain why they have not been appointed when dowry cases are increasing.

The Court has sought State response on 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 case is directed to be listed on 23^rd May.

Case Title: Ankit Singh And 3 Others v. State of U.P. and Another [APPLICATION U/S 482 No. - 10631 of 2024]

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