Wednesday, January 12, 2022

Demanding money for constructing house amounts to demand for dowry: Supreme Court



Read Judgment
Any demand made on a woman, whether in respect of a property or valuable security of any nature will amount to dowry as defined in Section 2 of the Dowry Prohibition Act, 1961, the Supreme Court ruled on Tuesday while holding that money demanded for the construction of a house will amount to demand for dowry [State of Madhya Pradesh vs Jogendra & anr].

The word "dowry"
"Interpretation of a provision of law that will defeat the very intention of the legislature must be shunned in favour of an interpretation that will promote the object sought to be achieved through the legislation meant to uproot a social evil like dowry demand. In this context the word “Dowry” ought to be ascribed an expansive meaning so as to encompass any demand made on a woman, whether in respect of a property or valuable security of any nature," the Court ruled.
"It cannot be lost sight of that the respondents had been constantly tormenting the deceased and asking her to approach her family members for money to build a house and it was only on their persistence and insistence that she was compelled to ask them to contribute some amount for constructing a house," the Court said.

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