Maintain List Of Gifts Received To Prevent False Dowry Allegations: Allahabad High Court

The Allahabad High Court, in a recent ruling, stated that maintaining a list of gifts received by the bride or groom during marriage is important to prevent false claims of dowry in times of potential disputes.

The Court emphasised that maintaining such a list serves a dual purpose. Firstly, it acts as a safeguard against baseless accusations of either party engaging in dowry transactions post-marriage. Secondly, it will also help the adjudication process in legal proceedings by determining whether allegations regarding dowry fall within the exceptions prescribed under Section 3(2) of the Dowry Prohibition Act.

Under Section 3 of the Dowry Prohibition Act, severe penalties are imposed for giving or receiving dowry, including imprisonment for a minimum of five years and a fine of more than Rs 50,000 or the equivalent value of the dowry, whichever is higher. However, sub-section (2) of Section 3 exempts gifts given at the time of marriage, that were not demanded, provided a comprehensive list of such gifts is maintained by either party in accordance with stipulated rules.

Rule 2 of the Dowry Prohibition (Maintenance of Lists of Presents to the Bride and Bridegroom) Rules, 1985, outlines the prescribed method for maintaining such a list as per Section 3(2).

The court highlighted that the legislature has judiciously exempted marriage gifts from the dowry definition under the Act. This exemption, however, requires maintaining the lists of gifts by both the bride and groom according to the prescribed rules.

The court noted that neither party in the case before it had submitted a list under Section 3(2) of the Dowry Prohibition Act and the corresponding Rules of 1985 while alleging dowry demands.

Expressing concern over the lack of implementation, Justice Vikram D. Chauhan sought a response from the Chief Secretary of Uttar Pradesh regarding the appointment of Dowry Prohibition Officers, a requisite under Section 8B for effective implementation of the Act. The court”s directive includes queries on whether the appointed Dowry Prohibition Officers are collecting and maintaining lists of presents during marriage registrations to verify potential dowry disputes in the future.

The case is scheduled for further deliberation on May 23.