The Kerala High Court opined that in Section 6 of the Dowry Prohibition Act of 1961, it has been elucidated that the person receiving the dowry shall hold it in trust for the benefit of the woman and therefore, a woman has the right to file a suit to recover the amount and gold from the person taking dowry.
Further, it was expounded that keeping ornaments in a locker in the name of the wife does not amount to entrustment. It was held that if the entrustment of gold ornaments is not proved, the wife cannot claim a return of such ornaments.
Brief Facts:
The Appellant (Petitioner) sought recovery of money and return of gold ornaments and movables before the Family Court. She was allowed to recover movables but money and gold ornaments were declined. Hence, the present appeal.
Brief Background:
On the day of the betrothal of the marriage between the parties, the father of the Appellant entrusted Rs. 5 lakhs to the Respondent and on the day of marriage 100 sovereigns of gold ornaments were given. After marriage, approximately Rs.1 lakh was given by the father of the Appellant to avail locker in which the gold ornaments were kept. Thereafter, Rs. 2 lakhs were given by the father to the Respondent for purchasing property in the name of the Appellant.
Subsequently, a decree of dissolution was sought by the Respondent and the Appellant prayed for the recovery of gold ornaments, movables and money. The marriage was dissolved, however, the plea of the Appellant was not accepted.
Observations of the Court:
The question before the Court was whether there can be a recovery of the dowry amount and gold ornaments, given dowry is an offence under Section 7 of the Dowry Prohibition Act, 1961.
It was observed that there are 2 aspects to the Dowry Prohibition Act. One is prohibiting taking or giving and the second is under Section 6 which provides a transfer of dowry to the beneficiary by the person who receives the dowry to hold it in trust for the benefit of the woman. Transactions that relate to taking or giving of dowry are void and therefore, the question that is raised is whether there can be a valid claim for recovery of money and gold that is given as dowry.
The Bench opined that in Section 6 of the Dowry Prohibition Act, it has been elucidated that the person receiving the dowry shall hold it in trust for the benefit of the woman and therefore, a woman has the right to file a suit to recover the amount and gold from the person taking dowry.
Further, after taking into consideration the evidence on record, the High Court was of the view that the evidence was not sufficient to prove the claim of recovery of Rs 2 and 5 lakhs from the Respondent.
Regarding gold ornaments, the Bench noted that the claim is contingent upon the question of whether the ornaments were entrusted to the Respondent and whether they were misappropriated by him.
After analysing judicial precedents, the Court opined that keeping ornaments in a locker in the name of the wife does not amount to entrustment. Therefore, in the present case, there was no entrustment and if the entrustment of gold ornaments is not proved, the wife cannot claim a return of such ornaments.
The Decision of the Court:
Hence, based on the above-mentioned reasons, the Kerala High Court concurred with the order of the Family Court and accordingly, dismissed the appeal.
Case Title: A v. B
Coram: Hon’ble Mr. Justice Anil K. Narendran, Hon’ble Mr. Justice P.G. Ajithkumar
Case No.: MAT. Appeal No. 13 of 2016
Advocates for Appellant: Advs. Sri C. Rajendran, Sri K.R. Ranjith
Advocates for Respondent: Advs. Smt. B. Bindu, Sri. C.S. Dias, Smt. P.K. Dhanya, Sri. N.K. Subramanian, Sri. T.V. Sreejith
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