25% Of #Husband’s Net #Salary Just & Proper To Be Awarded As #Maintenance To Wife: #SupremeCourt

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#SupremeCourt: Customary #gifts are not #dowry.

#SupremeCourt: Customary #gifts are not #dowry.

 

Ss. 3, 4 and 6 – Dowry – What is – Customary gifts exchanged in accord with prevailing practice and custom – Not “dowry” – On a perusal of statement of PW 1, mother of S (deceased wife), it is apparent that the monetary gifts given to D (husband) and his family members, were in the nature of customary gifts exchanged during different ceremonies – Even the family of D, had given four tonnes of sugarcane seeds and a bag of jowar to her family, when family of S visited her matrimonial house, on the occasion of birth of a female child – Both families were engaged in offering gifts to each other, in accord with the pre-vailing practice and tradition – Penal Code, 1860, Ss. 304-B and 498-A.

Case:
State of Karnataka v. Dattaraj.

Citation:
(2016) 12 SCC 331 : AIR 2016 SC 882 : 2016 Cri LJ 1434

Bench Strength: 2
Coram: J. S. Khehar and S. A. Bobde JJ.

Date of decision: 15-02-2016
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