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AIR 2009 SUPREME COURT 2684 ::2009 AIR SCW 4122
Supreme Court Of India
(From : Andhra Pradesh)*
Hon'ble Judge(s): Arijit Pasayat, A. K. Ganguly , JJ

(A) Dowry Prohibition Act (28 of 1961) , S.2— Dowry - Definition - Word "marriage" - Includes proposed marriage. The definition of 'dowry' emphasizes that any money, property or valuable security given, as a consideration for marriage, 'before, at or after' the marriage would be covered by the expression 'dowry'. Under Section 4, mere demand of 'dowry' is sufficient to bring home the offence to an accused. Thus, any 'demand' of money, property or valuable security made from the bride or her parents or other relative by the bridegroom or his parents or other relatives or vice-versa would fall within the mischief of 'dowry' under the Act where such demand is not properly referable to any legally recognized claim and is relatable only to the consideration of marriage. Marriage in this context would include a proposed marriage also more particularly where the non-fulfilment of the "demand of dowry" leads to the ugly consequence of the marriage not taking place at all.(Para 15) (B) Penal Code (45 of 1860) , S.498A, S.304B— Cruelty to wife - "Husband" - Need not be legally wedded person - Includes any person ostensibly entering into marital relationship. Interpretation of Statutes - Purposive construction. Word "husband" in S. 498-A ....

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