Indian Legal System > Civil Laws > Family Laws > The Dowry Prohibition Act, 1961 > Return of Dowry
Section 6 provides for the return of dowry within the prescribed time as given in the Act if it is already taken
Section 6: the Dowry Prohibition Act, 1961:
Dowry to be for the benefit of the wife or her heirs:
(1) Where any dowry is received by any person other than the woman in connection with whose marriage it is given, that person shall transfer it to the woman—
(a) if the dowry was received before marriage, within three months after the date of marriage; or
(b) if the dowry was received at the time of or after the marriage, within three months after the date of its receipt; or
(c) if the dowry was received when the woman was a minor, within three months after she has attained the age of eighteen years; and pending such transfer, shall hold it in trust for the benefit of the woman.
(2) If any person fails to transfer any property as required by sub-section (1) within the time limit specified therefor or as required by sub-section (3), he shall be punishable with imprisonment for a term which shall not be less than six months, but which may extend to two years or with fine which shall not be less than five thousand rupees, but which may extend to ten thousand rupees or with both.
(3) Where the woman entitled to any property under sub-section (1) dies before receiving it, the heirs of the woman shall be entitled to claim it from the person holding it for the time being:
Provided that where such woman dies within seven years of her marriage, otherwise than due to natural causes, such property shall,
(a) if she has no children, be transferred to her parents, or
(b) if she has children, be transferred to such children and pending such transfer, be held in trust for such children.
3A) Where a person convicted under sub-section (2) for failure to transfer any property as required by sub-section (1) or sub-section (3) has not, before his conviction under that sub-section, transferred such property to the woman entitled thereto or, as the case may be, her heirs, parents or children the Court shall, in addition to awarding punishment under that sub-section, direct, by order in writing, that such person shall transfer the property to such woman or, as the case may be, her heirs, parents or children within such period as may be specified in the order, and if such person fails to comply with the direction within the period so specified, an amount equal to the value of the property may be recovered from him as if it were a fine imposed by such Court and paid to such woman or, as the case may be, her heirs, parents or children.
(4) Nothing contained in this section shall affect the provisions of section 3 or section 4
Section 6 of the Dowry Prohibition Act enumerated that when the dowry received before marriage it should be returned within three months after the date of marriage. When the same is received at the time or after the marriage, it should be returned within three months after the date of its receipt. When it is received when the women was a minor than it must be returned to her within three months after she attains her majority. (18 yrs.)
For offence u/s 6 the punishment is not less than six months and which may extend to 2 years or with fine which shall not be less than five thousand rupees, but which may extend to ten thousand rupees or with both. if the receiver of dowry fails to transfer to the women concern.
In M. Abbas v. M. Kunipathu, AIR 1975 Ker. 129 (130) case, the Court held that when the dowry is received by any person other than the women that person is obliged to return the dowry to the women within 3 months from receipt of that property or valuable security or marriage. The receiver is the only trustee for that property or valuable security and the women is the ultimate beneficiary and he hold it for the benefit of women.
In Ajit Singh v. State, 1983 Hind LR 433 (P & H) case, the Court held that retention of dowry proceeds by the husband followed by their non-return gives rise to a cause of action which is of civil nature.
In P.T.S. Saibaba V. Mangayara 1978 Cr LJ 1362 case, the Court held that the recipient of the dowry proceeds is required in law to transfer the same to the wife within the prescribed period failing which he is liable to be prosecuted on a complaint by her at a place where she resides.
In Rajeev V. Ram Kishan Jaishal, (1993) (1) Crimes 504 (All) the Court held that if the woman who is entitled to any property under sub-sec (1) dies before receiving it, the property in question shall be transferred to her parents in case she has not left behind any
children.
In Prithichand Y. Des Raj Bensal, 11 (1990) DMC 368 P & H case, the wife died within less than 3 months of her marriage, therefore not leaving behind any issue and the contention of the husband that he was the heir of the dowry articles was negative and dowry articles were
transferred to the parents of the wife.
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