The Patna High Court recently said that if the husband demands money from his wife's parents for rearing and maintenance of his newly born child, then such demand does not come within the fold of the definition of "dowry" as per Section 2 (i) of the Dowry Prohibition Act, 1961. The high court bench of Justice Bibek Chaudhuri observed while allowing a revision plea filed by a husband who challenged his conviction under Section 498A IPC [Husband or relative of husband of a woman subjecting her to cruelty] and Section 4 of the Dowry Prohibition Act 1961 (Penalty for demanding dowry). In her plea, the petitioner's wife alleged that the petitioner and his relatives demanded Rs 10,000 from her father to support and look after the girl child three years after their daughter's birth. The woman also claimed that she was tortured for nonfulfillment of the demand of the petitioner and the other marital relations. Calling Wife ‘Bhoot, Pishach’ Not Cruelty, Says Patna High Court; Sets Aside Father-Son Duo’s Conviction in Harassment and Dowry Case.

HC on Dowry

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