Patna High Court: Husband’s demand for money from wife’s parents for child maintenance not considered dowry

The recent decision by the Patna High Court sheds light on the interpretation of dowry under the Dowry Prohibition Act, 1961, particularly in cases where husbands demand money from the wife’s parents for child maintenance.

The Patna High Court recently ruled that if a husband requests money from the wife’s paternal home for the care and upbringing of their child, it does not constitute dowry under the Dowry Prohibition Act, 1961. The court made this observation while allowing a revision plea filed by a husband challenging his conviction under Section 498A of the Indian Penal Code (IPC).

Case Details:

The petitioner (husband) and the wife got married in 1994 and had three children during their union. Three years after the birth of their daughter in 2001, the wife alleged that the husband and his relatives demanded Rs.10,000 from her father to support and care for the girl child.

Legal Interpretation:

The court examined Section 2 (i) of the Dowry Prohibition Act, 1961, which defines dowry as the payment or demand of money, property, or valuable security given or agreed to be given as consideration of marriage. The court noted that the demand for money for child maintenance does not fall within this definition.

Furthermore, the court referred to Section 498A of the IPC, which deals with cruelty against married women. Although the section does not explicitly mention the term ‘dowry’, judicial precedents have established that harassment related to fulfilling any unlawful demand can constitute cruelty.

Court’s Decision:

Based on its examination of the case details and relevant legal provisions, the court concluded that the husband’s demand for money from the wife’s parents for child maintenance did not amount to dowry. The court emphasized the need for continuous and persistent cruelty to establish a charge under Section 498A of the IPC.

Significance:

The ruling provides clarity on the definition of dowry under the Dowry Prohibition Act and highlights the distinction between demands for child maintenance and dowry. It underscores the importance of considering the specific circumstances of each case when determining the applicability of legal provisions related to marital disputes.