The Delhi high court has held that demands which were not made by the groom's family in connection with marriage will not be covered under the definition of dowry.
The court has given the ruling while acquitting three members of a groom's family for allegedly driving the bride to death by demanding Rs50,000 from her family for buying a shop.
The high court said that demand for money to purchase a shop was "never contemplated" at or after the wedding.
Further, it was "not in connection with the marriage of the parties" as it was never demanded or promised prior to, or at the time of or after marriage.
"Demand for money to purchase a shop, which, admittedly was never demanded or promised prior to, at the time of or after marriage, which was not expected .... and which was not even in contemplation of his (groom's) family members, it not being something usually given or expected in marriage, also cannot be said to be something demanded in connection with marriage. Consequently, it would not constitute demand for dowry," justice VK Jain said.
Explaining the term 'in connection with the marriage of the said parties' provided under Section 304-B of the IPC, the court said that it clearly excludes the demands made not in connection with the marriage of the parties.
"The use of the expression 'in connection with the marriage of the said parties' leaves no room for the interpretation that any(thing) and everything demanded after marriage, without anything more, would constitute demand of dowry," the high court said.
