The Punjab and Haryana Prime Court docket not too long ago disregarded an attraction moved via a husband convicted for his spouse’s homicide in opposition to the order of the trial court docket liberating dowry pieces in favour of the daddy of the deceased.

The department bench of Justice MS Ramachandra Rao and Justice Sukhvinder Kaur rejected the rivalry raised via the convict that the trial court docket had no longer favored that as in line with Segment 15 (1) of the Hindu Succession Act, 1956, after the loss of life of the spouse, her property shall devolve upon her youngsters and husband.

The bench held that the provisions of the Dowry Prohibition Act, 1961, can’t be lost sight of via invoking the provisions of Hindu Legislation in relation to succession.

It stated that the case to hand squarely fell inside of Clause 3 of Segment 6 of the Dowry Prohibition Act, 1961, so that you could deal with the custody of dowry articles with the daddy of the deceased.

The HC identified that within the provide subject, the case was once with reference to the custody of articles of dowry that have been intended for the usage of the deceased, which was once reasonably other from the placement of different assets within the palms of the deceased.

The argument put forth via the convict that he was once the landlord of the adorns/articles as they have been recovered via the police from his space didn’t stand, the court docket opined.

In step with the HC, the convict failed to put any subject material on report to turn out his possession of the stated dowry articles; moderately the report indicated that the dowry articles modified palms on the time of marriage.

Subsequently, the court docket held, “The trial Court docket has rightly positioned reliance upon Balbir Singh’s case supra, during which it was once held that husband was once no longer entitled to retain dowry despite the fact that he was once acquitted and dowry articles will stay with father of deceased”.

The court docket wired that the dowry articles have been ordered to be given to the daddy of the deceased spouse, even supposing the accused husband were acquitted via giving good thing about doubt after the trial, whilst within the provide subject, the husband were convicted for the spouse’s homicide.

Subsequently, the court docket discovered no illegality or irregularity within the impugned order handed via the trial court docket and disregarded the attraction moved via the convicted husband.

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