Husband Demanding Money From Wife’s Paternal Home For Rearing & Maintaining Newborn Baby Not Dowry: Patna HC
The Patna High Court held that a husband demanding money from a wife's paternal home for rearing and maintaining a newborn baby does not come within the fold of the definition of dowry.
“The essential element of dowry is payment or demand of money, property or valuable security given or agreed to be given as consideration of marriage,” the Court pointed out.
The Court stated that petty quarrels could not be termed as cruelty to attract the provision under Section 498A of the I.P.C. Similarly, the demand for maintenance of the child also did not amount to cruelty under the said Section.
A Single Bench of Justice Bibek Chaudhuri observed, “This Court is of the view that for rearing and maintenance of a newly born baby, if the husband demands money from the paternal home of the wife, such demand does not come withing the fold of the definition of ‘dowry'."
Advocate Soni Shrivastava represented the petitioner, while APP Asha Kumari appeared for the respondents.
The husband filed a petition against the judgment and order of conviction passed by the trial court, which had convicted him and his family members. They were sentenced to rigorous imprisonment for three years and fined for offences under Section 498A of the IPC and Section 4 of the Dowry Prohibition Act (the Act).
The wife filed a complaint alleging harassment due to the husband and his relatives' demand for a specific amount for the maintenance of their daughter, which the husband argued did not constitute dowry.
The High Court had to ascertain whether any demand for proper maintenance of a child from the parties of a wife by the husband and his family members amounted to dowry or not.
The Court examined the definition of dowry as per Section 2(i) of the Act which outlined that any property or valuable security given or agreed to be given as consideration for marriage fell under the ambit of dowry.
The Court discussed the interpretation of cruelty under Section 498A of the IPC, stating that it must be willful conduct likely to drive the woman to suicide or cause grave injury, or harassment to meet unlawful demands for property or valuable security.
“There is also a ritual amongst the Hindus especially in villages to keep their daughter in their parental home during pregnancy till the birth of the child and the mother and child is generally sent to the matrimonial home after the child becomes three to six months old. During this period, entire expenditure is borne by the “Mayka of the married lady”. This Court is not in a position to consider as to whether this prevalent culture is good or bad because moral assessment is not the duty of the Court,” the Court observed.
Consequently, the Court set aside the order of conviction and sentence.
Accordingly, the High Court allowed the petition.
Cause Title: XYZ v. The State of Bihar & Anr.
Appearance:
Petitioner: Advocates Soni Shrivastava, Ravi Bhardwaj and Gaurav Singh
Respondents: APP Asha Kumari
