AIR 1995 ANDHRA PRADESH 130 ::(1994) 2 LS 192 ::(1996) 1 CriCJ 194 ::(1994) 2 HinduLR 136 ::1995 (2) CivilCourtC 414 ::1995 (3) RecCriR 767 ::1995 (21) MarriLJ 310 ::(1994) 2 Andh LT 535 ::1995 (1) DMC 270 ::(1995) 3 CurCC 171

Andhra Pradesh High Court

Hon'ble Judge(s): S. V. Maruthi , J

Dowry Prohibition Act (28 of 1961) , S.3, S.6— Trusts Act (2 of 1882) , S.56— Dowry - Suit seeking recovery of amount of dowry by woman - Maintainability - Failure by receiver of dowry to transfer it in favour of woman - Suit is maintainable. Where the receiver of dowry has failed to transfer it in favour of the woman for her benefit then the woman is entitled to file a suit for recovery of the amount of dowry against the receiver of the dowry. The Legislature itself has provided under Section 6 of the Act (28 of 1961) that pending transfer of the dowry, the person who received the dowry holds it in trust for the benefit of the woman. In other words, the receiver of the dowry is @page-AP131 only a trustee and the woman is the beneficiary. Section 56 of the Trusts Act enables the beneficiary to file a suit for recovery of trust property. (Para 14 11 12) The Act (28 of 1961) contemplates two stages. The first stage is taking or giving or abetting of giving or taking of dowry. The second stage is, after taking dowry and pending transfer of the same to the beneficiary, the person holds it in trust for the benefit of the woman. Though under the first stage, namely taking or giving or abetting of giving or taking of dowry is puni....