dowry given without asking
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A man had filed a petition seeking criminal action against his wife’s family for paying dowry without asking for it. The court rejected his petition. The man failed to explain to the court the reason behind the petition.
Additional Sessions Judge Navjit Budhiraja was hearing the man’s review plea against a magistrate court’s July 2022 order. The magistrate court had rejected the man’s request to register an FIR against his in-laws, father-in-law and brother-in-law for giving dowry. It also came on record that the man was facing a case of cruelty by his wife’s family.
The court said, “Unless evidence is produced by both the parties during the trial, the aspect of whether dowry was demanded or not cannot be effectively decided. The revisionist (Kumar) claims that he never Even after this, an amount of Rs 25,000 and Rs 46,500 was sent to his account to satisfy his interest.
In an order passed on October 5, Justice Budhiraja said her in-laws had already filed an FIR against her under IPC section 498A (cruelty to a married woman by husband or his relatives). The court, on the magistrate’s observations regarding the man’s complaint, said that the in-laws had clearly admitted at the time of filing the FIR that they had given dowry to Kumar and such admission is an offense under the Dowry Prohibition Act.
Section 3 of the Act provides for punishment for taking or giving dowry. The court further recorded the magistrate’s observation that Kumar had concealed the fact that his wife and in-laws had made “serious allegations of continuous dowry demands” against him in the FIR.
