Kochi: In a landmark judgment, the High Court of Kerala has ruled that the presents voluntarily given by parents to the bride at the time of her marriage for her welfare, without any kind of pressure from anyone, will not be counted as dowry.
Such gifts, which were included in the list as per the relevant sections of the law, cannot be treated as dowry under the ambit of the Dowry Prohibition Act, 1961.
The court further said that the Dowry Prohibition Officer could interfere in the case only if it was found that someone else had received such gifts given to the wife.
The ruling from Justice M.R. Anitha came while hearing of a petition filed by a husband, Vishnu of Karunagappally, who had challenged an order of the District Dowry Prohibition Officer of Kollam, directing him to give back to his wife a set of gold ornaments received at the time of marriage.
The wife had filed a petition before the prohibition officer after she fell out with the husband that he was not giving back the gold ornaments. The wife's family had deposited all her ornaments in a bank locker under the couple's name, the key to which was with the wife.
The husband's counsel argued that the prohibition officer does not have the jurisdiction to decide on the petition, since the allegation made by the wife was on the ornaments which have been given for her well-being have been kept in the bank locker.
The court observed that the officer had the right to carry out an inquiry by taking evidence from parties, while receiving a complaint from a woman on the loss of gifts received at the time of marriage.
The officer can inquire whether someone else has received the gift other than wife. If any such malpractice is detected, the officer can order for returning the gifts to the wife.
The court, however, said that in this particular case, the Dowry Prohibition Officer's order did not specify in the order that the gold ornaments given to the wife was dowry. The Court observed that in this case, the ornaments kept in the locker were given to the wife for her well-being and that such presents were provided by a family to the daughter at the time of her marriage.
The gift given to the wife, without any demand from the husband's family for the same, cannot be construed as dowry, the court said, while revoking the order issued by the Dowry Prohibition Officer in favour of the wife.
