Convicted husband not entitled to claim dowry articles, says Punjab and Haryana High Court

Chandigarh, December 21

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The Punjab and Haryana High Court has made it clear that a husband convicted of murdering his wife will not be entitled to claim ownership over the dowry articles received at the time of marriage in view of the Dowry Prohibition Act, 1961.

The ruling by the Bench of Justice MS Ramachandra Rao and Justice Sukhvinder Kaur came on an appeal filed by the convicted husband against the state of Punjab and other respondents. He had challenged the order dated August 14, 2015, passed by the Fazilka Additional Sessions Judge, vide which the “stridhan”, including gold ornaments and other articles given in the marriage, were ordered to be released on sapurdari to the complainant-father of deceased.

The Bench, during the course of hearing, was told that the Fazilka Additional Sessions Judge vide judgment dated July 21, 2014, convicted the appellant under Section 302 of the IPC before sentencing him to undergo rigorous imprisonment for life.

The appellant-husband’s counsel contended the impugned order was patently illegal, erroneous in law, against facts and the evidence on record. The trial court erred in passing the order as “stridhan” literally meant woman’s property. It comprised things she receives as gifts from her relatives, including movable property such as ornaments and dresses.