Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 307 Penal Code 1860-Sections 3048 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Penal Code, 1860-Sections 3048, 307 and 498A-Husband marrying victim during lifetime of first wife-Dowry demand by husband and his parents and brother causing harassment to victim-Prosecution for offences-Prosecution failing to establish that first marriage legally dissolved, acquitted by trial court-Dismissal of application for grant of leave as well as revision by High Court by cryptic orders-On appeal held: In view of the object and aim of the legislation in introducing Section 498A and 3048, expression 'husband' does not exclude person who contracts marriage ostensibly and cohabit with such women and so the provisions do not presuppose valid marriage-Order of High Court not justified and matter remitted back to High Court. Dowry Prohibition Act, 1961-Sections 2 and 4-Dowry-Scope of-Held: Expression covers demand of money, property or valuable security given as consideration for marriage, before, at or after marriage-Mere demand also covered-However, voluntary giving of traditional presents to bride or bridegroom by friends and relatives out of love, affection or regard not included-Furthermore, marriage in this context would include a proposed marriage also. |
Judge | Hon'ble Dr. Justice Arijit Pasayat |
Neutral Citation | 2004 INSC 25 |
Petitioner | Reema Aggarwal |
Respondent | Anupam And Ors. |
SCR | [2004] 1 S.C.R. 378 |
Judgement Date | 2004-01-08 |
Case Number | 25 |
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