Kerala High Court Rules That Gifts Given By Parents For Daughter’s Welfare Are Not Dowry

Since 1961, dowry has been illegal in India but without a doubt, it is still prevalent in our society. The Dowry Prohibition Act, 1961 states that if a person gives or takes or abets the giving or taking of dowry, he shall be punishable but it does not apply if presents which are given at the time of a marriage to the bride (without any demand having been made). One such case came to light in Kerala where the Kerala High Court passed the verdict in favour of the husband stating that gifts given by parents for daughter’s welfare, without any demands, will not be considered dowry.

In this case, the Kerala High Court has ruled that presents given to a daughter by parents, without any such demand having been made from the groom’s side, cannot be termed as dowry under the Dowry Prohibition Act, 1961. Justice MR Anitha delivered this judgement while hearing a husband’s petition challenging the order of a Dowry Prohibition Officer.

Earlier, the couple filed for a divorce. They got married in 2020 as per Hindu customs but their relationship became strained. Then the wife initiated legal proceedings against the husband and filed a petition before the dowry nodal officer. In her petition, the wife alleged that the jewellery given for her well-being at the time of the marriage have been kept in the bank locker and not been returned yet.

According to the husband, the wife’s family had deposited all her jewellery in a bank locker under the couple’s name and the key of the locker was with her. He argued before the court that the District Dowry Prohibition Officer does not have the jurisdiction to entertain the case as the allegation is that the ornaments have been kept in the bank locker.

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Hence, the court passed the verdict in favour of the husband, Justice Anitha said, “The presents given at the time of marriage to the bride without any demand having made in that behalf and which have been entered in a list maintained in accordance with rules made under this Act will not come within the purview of Section 3(1) which prohibits giving or taking of dowry.”

The Kerala High Court informed that the Dowry Prohibition Officer has jurisdiction in a dowry case only if the valuables have been given to any other person. Although, the husband has agreed to hand over the gold ornaments to his wife who expressed her willingness to accept them.

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