Supreme Court: Dowry And Traditional Presents Given At Time Of Marriage Aren't Presumed To Be Entrusted To Bride's Parents-In-Law

The Supreme Court in the case Mulakala Malleshwara Rao & Anr.v. State of Telangana & Anr observed and has reiterated that it cannot be assumed that dowry and traditional presents which is being given at the time of marriage are entrusted to the parentsin-law of the bride and would attract Section 6 of the Dowry Prohibition Act, 1961.

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The section 6 of the Dowry Prohibition Act states that any dowry which is received by a person other than the woman in connection with her marriage must be transferred to her within the specified period.

Further, it the section 6 of the Act states that such dowry, until transferred, is to be held in trust for the benefit of the woman and failure to transfer is punishable with imprisonment and/or fine.

The court referred to the case Bobbili Ramakrishna Raja Yadad & Ors. v. State of Andhra Pradesh., wherein the court held that giving dowry and traditional presents at the time of the wedding does not raise a presumption that such articles are thereby entrusted to the parents' inlaw so as to attract the ingredients of Section 6 of the Dowry Prohibition Act, 1961.

The bench comprising of Justice JK Maheshwari and Justice Sanjay Karol was hearing the present matter.