The Punjab and Haryana High Court recently ruled that a husband convicted of murdering his wife cannot claim ownership of dowry items received during their marriage. This decision aligns with the Dowry Prohibition Act, 1961, which prevents convicted individuals from retaining dowry articles.
The judgment was delivered by a Bench comprising Justice MS Ramachandra Rao and Justice Sukhvinder Kaur while hearing an appeal from the convicted husband. The man had challenged a 2015 order from the Fazilka Additional Sessions Judge, which directed the return of dowry items, including gold ornaments, to the father of the deceased wife.
The convict was earlier found guilty under Section 302 of the IPC and sentenced to life imprisonment for the murder of his wife. During the appeal, the husband’s lawyer argued that the dowry items were part of “stridhan” (a woman’s property) and should be retained by him. However, the court rejected this claim, stating that no evidence was provided to prove his ownership of the items.
The court also referenced Section 6(3) of the Dowry Prohibition Act, 1961, which mandates that if a woman dies within seven years of marriage due to unnatural causes, her dowry should be transferred to her parents if she has no children. In this case, the husband was not entitled to keep any of the dowry items, even if acquitted.
Citing previous cases such as Balbir Singh and Mallesha, where husbands were denied the right to retain dowry even after acquittal, the court upheld the previous order. The court concluded that the convicted husband’s appeal had no merit, and the dowry items should remain with the deceased wife’s family.
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