Holding

For the limited purpose of Sections 498A and 3048 IPC, "husband" includes a person who enters into a marital relationship and assumes the status of husband, irrespective of the legal validity of the marriage, and the High Court’s summary dismissal of the leave application was unlawful.

Summary

Reema Aggarwal married Anupam while his first wife was alive and was subsequently harassed for dowry by Anupam, his parents and brother, who forced her to ingest poison. She reported the incident and the accused were charged under IPC Sections 307 (attempt to murder) and 498A (dowry harassment). The trial court acquitted them, holding that the prosecution had not proved the first marriage was legally dissolved, and thus Section 498A could not apply. The State’s application for leave to appeal and a criminal revision were summarily dismissed by the Punjab and Haryana High Court without reasons. The Supreme Court held that for the purpose of Sections 498A and 3048 IPC, the term "husband" includes a person who assumes the role of husband through a marital relationship, even if the marriage is void, and therefore the provisions are applicable. The Court also found the High Court’s summary dismissal unjustified, set aside its order and remitted the matter for proper hearing.

Issues considered

The applicability of IPC Section 498A (and 3048) when the alleged marriage is void or not legally dissolved.
Whether the term "husband" under Section 498A includes a man who contracts a marriage ostensibly and cohabits with the woman.
Whether the High Court was justified in dismissing the application for leave to appeal and the revision without providing reasons.
The scope and definition of "dowry" under the Dowry Prohibition Act, 1961, especially regarding demand versus voluntary gifts.

Legislation cited

Dowry Prohibition Act, 1961s. 2, s. 4, s. 5, s. 6
Hindu Marriage Act, 1955s. 11, s. 16, s. 5(i)
Indian Evidence Act, 1872s. 1138
Indian Penal Code, 1860s. 3048, s. 307, s. 494, s. 498A

Subjects

dowry harassmentSection 498A IPCinvalid marriagedefinition of husbandcriminal appealleave to appealhigh court procedureDowry Prohibition Actattempt to murder

Judgment

A REEMA AGGARWAL
V.
... ,

ANUPAM AND ORS.

JANUARY 8, 2004.

B [DORAISWAMY RAJU AND ARIJIT PASAYAT, JJ.]

Penal Code, 1860-Sections 3048, 307 and 498A-Husband marrying
victim during lifetime offirst wife-Dowry demand by husband and his parents
C and brother causing harassment to victim-Prosecution for offences-
Prosecution failing to establish that first marriage legally dissolved, acquitled
by trial court-Dismissal of application for grant of leave as well as revision
by High Court by cryptic orders-On appeal held: In view of the object and
aim of the legislation in introducing Section 498A and 3048, expression
'husband' does not exclude persosn who contracts marriage ostensibly and
D cohabit with such women and so the provisions do not presuppose valid
marriage-Order of High Court not justified and matter remitted back to High
Court.

DoWIJ' Prohibition Act, 1961-Sections 2 and 4-Dowry-Scope of-
Held: Expression covers demand of money, property or valuable security
E given as consideration for marriage, before, at or after marriage-Mere demand
also covered-However, voluntary giving of traditional presents to bride or
bridegroom by friends and relatives out of love, affection or regard not
inc/uded-Furthei·more, marriage in this context would include a proposed
marriage also.
F Appellant-wife married respondent-husband during the life time of
the first wife of the respondent. After the marriage, respondent, his parents
and brother harassed the appellant for dowry. On the date of the incident
they forced her to consume something to end her life. Thereafter, the
appellant was admitted to the hospital where she stated all this to the
G investigating officer. Charges were framed for offences punishable under
Sections 307 and 498A IPC. Prosecution failed to establish that the first
marriage of respondent had dissolved legally. Trial Court held that the
accusations under Section 307 and also the charge under Section 498A was
not established and acquitted the accused. State filed application for grant
of leave to appeal. High Court dismissed the application. Criminal revision
H 378
REEMA AGGARWAL v. ANUPAM 379
,, -~ application was also dismissed. Hence the present appeal. A
Appellant-wife contended that the High Court was not justified to
dispose of the application for grant of leave as well as the revision
application .by such cryptic orders.

Respondent-husband contended that marriage is a legal union of one B
man and woman as husband and wife and cannot extend to a woman
whose marriage is void and not a valid marriage in the eye of law; that
under Sections S(i), 11 and 16 of Hindu Marriage Act the legislature has
taken care by providing for contingencies flowing from void or voidable
marriages but, there is no such indication in Section 498-A IPC; and that
the language used under Section 498-A IPC is 'husband or relative of the c
husband'.

Disposing of the appeal, the Court

HELD: 1.1. The Dowry Act is a piece of social legislation which aims
to check the growing menace of the social evil of dowry and it makes D
-,,., punishable not only the actual receiving of dowry but also the very demand
~ of dowry. The expression "dowry" under the Dowry Act has to be
interpreted in the sense which the statute wishes to attribute to it. The
definition given in the statute is the determinative factor. The definition
of the term 'dowry' under Section 2 of the Dowry Act includes any money, E
property or valuable security given or "agreed to be given" either directly
or indirectly by one party to the marriage to the other party to the
marriage "at or before or after the marriage" as a "consideration for the
marriage of the said parties". Under Section 4, mere demand of 'dowry'
would fall within the mischief of 'dowry' under the Act where such demand
is not properly referable to any legally recognized claim a1Jd is relatable F
~1
only to the consideration of marriage. Thus, dowry as a quid pro quo for
_J marriage is prohibited. However, the voluntary giving of traditional
presents to the bride or the bridegroom by friends and relatives at or
before or after the marriage not as a consideration for marriage but out
of love, affection or regard does not fall within the mischief of the G
expression 'dowry' made punishable under the Dowry Act. Marriage in
this context would include a proposed marriage also more particularly
... where the non-fulfillment of the "demand of dowry" leads to the ugly
consequence of the mar·riage not taking place at all. 1387-B, C; 388-DI

Pratibha Rani v. Sura) Kumar and Anr., AIR 119851SC628 and State H
380 SUPREME COURT REPORTS [2004] 1 S.C.R.
,.._ .,
A of H.P. v. Nikku Ram, AIR [19961 SC 67, referred to
"Early Hist01y of Institution by Mayne, p.319~· '"Marriage and Stridhan"
by Banerjee, p. 345, referred to.

1.2. The concept of "dowry" is intermittently linked with a marriage
B and the provisions of the Dowry Act apply in relation to marriages. If the
validity of the marriage itself is under legal scrutiny, the demand of dowry
in respect of an invalid marriage would be legally not recognizable. Even -~

then the purpose for \\hich the legislation enacted Sections 498A and 3048-
IPC and Section 1138 of the Evidence Act, 1872 cannot be lost sight of. It
was enacted with the policy to curb and alleviate some public evil rampant
c in society and effectuate a definite public purpose or benefit positively
requires· to be interpreted with certain element of realism too and not
merely pedantically or hyper technically. The obvious objective was to
prevent harassment to a woman who enters into a marital relationship
with a person and later on, becomes victim of the greed for money. A
D person entering into a marital arrangement and being allowed to take a
shelter into a marital smokescreen to contend that since there was no valid
marriage the question of dowry does not arise would destroy the purpose ,-:-
~
of the provisions. Such hairsplitting legalistic approach would encourage
harassment to a woman over demand of money. Furthermore since the
legislature has taken care of children born from invalid marriages under
E Section 16 of the Marriage Act, it cannot be said that legislature which
was conscious of the social stigma attached to children of void and voidable
marriages and closed eyes to plight of a woman who unknowingly or
unconscious of the legal consequences entered into the marital relationship.
It would not further the legislative intent and on the contrary, it would
F be against the concern shown by the legislature for avoiding harassment
)
to a woman over demand of money in relation to marriages.
''
1388-H; 389-A-EI
L
1.3. It would be appropriate to construe the expression "husband"
to cover a person who enters into marital relationship and under the colour
G of such proclaimed or feigned status of husband subjects the woman
concerned to cruelty or coerce her in any manner or for any of tlie
purposes enumerated in the relevant provisions - Sections 304B/498A,
~
whatever be the legitimacy of the marriage itself for the limited purpose {
of Sections 498A and 3048 !PC. Such an interpretation, known and
recognized as purposive construction has to come into play in a case of
H this nature. The absence ofa definition of"husband" to specifically include
REEMA AGGARWAL v. ANUPAM 381
-.:.t
such persons who contract marriages ostensibly and cohabitate with such A
woman, in the purported exercise of his role and status as "husband" is
no ground to exclude them from the purview of Section 3048 or 498A IPC,
viewed in the context of the very object and aim of the legislations
introducing those provisions. 1389-F-H; 390-A)

Ramnarayan and Ors. v. State of M.P., (1998) 3 Crimes 147 M.P; B
Vundara/a Yedukonda/u v. State of Andhra Pradesh, (1988] Crl. L.J. 1538
~·
IDB); State of Karnataka v. Shivaraj, (2000) Crl. L.J. 2741; Bhaurao Shankar
Lokhande and Anr. v. The State of Maharashtra and Anr., AIR (1965( SC
1564; Inderun Valungypooly v. Ramaswamy, (1869) 13 MIA 141; Sastry
Velaider v. Sembicutty, 11881) 6 AC 364; Surjit Kaur v. Garja Singh and Ors.,
AIR 11994) SC 135; Smt. Yamunabai Anantrao Adhav v. Anantrao Shivram
c
Adhav and Anr., AIR (19881 SC 644; State of Punjab v. Bhag Singh, (2003)
8 Supreme 611; Chief Justice of A.P. v. L. V.A. Dixitulu, (1979) 2 SCC 34;
Kehar Singh v. State (Delhi Admn.), AIR [1988) SC·1883; District Mining
Officer v. Tata Iron & Steel Co., JT 12001) 6 SC 183; Bengal Immunity Co.
Ltd. v. State of Bihar and Ors., AIR (1955) SC 661; Goodyear India Ltd. v. D
.,. State of Haryana and Anr., AIR (1990) SC 781; P.E.K. Ka/liani Am~a and
~ Ors. v. K. Devi and Ors., AIR 11996) SC 1963; Ameer Trading Corporation
Ltd. v. Shapporji Data Processing Ltd., 12003) 8 Supreme Court 634; Reserve
Bank of fndia etc. etc. v. Peerless General Finance and Investment Co. Ltd.
and Ors. etc. etc., 119871 I SCC 424 and S. Gopal Reddy v. State of A.P.,
E
119961 4 sec 596, referred to.

Seaford Court Estates Ltd v. Asher, (194912 All ER 155 (CA), referred
to.

Hindu Law and Usage by Mayne, referred to.
F
•.J
2. Whether the offences are made out is a matter of trial. High Court
~
was not justified in summarily rejecting the application for grant of leave.
It has a duty to indicate reasons when it refuses to grant leave. Any casual
or summary disposal would not be proper. Therefore, the impugned order
of High Court is set aside and matter is remitted back to High Court for G
adjudication. (393-q
'I
CRIMINAL APPELLATE JURISDICTION : Criminal Appeal No.
25 of 2004.

From the Judgment and Order dated 16.1.2003 of the Punjab and
H
382 SUPREME COURT REPORTS [2004) I S.C.R.

A Haryana High Court in Crl. R. No. 2424 of 2002.
S. Muralidhar, for N.L. Ganpathi, for the Appellant.

Manoj Swarup and Ajay Kumar, for the Respondents.

B The Judgment of the Court was delivered by

ARJJIT PASAYAT, J. Leave granted.

Parties to a marriage tying nuptial knot are supposed to bring about the
union of souls. It creates a new relationship of love, affection, care and
C concern between the husband and wife. According to Hindu Vedic philosophy
it is sanskar - a sacrament; one of the sixteen important sacraments essential
to be taken during one's lifetime. There may be physical union as a result of
marriage for procreation to perpetuate the lineal progeny for ensuring spiritual
salvation and performance of religious rites, but what is essentially
contemplated is union of two souls. Marriage is considered to be a junction
D of three important duties i.e. social, religious and spiritual. A question of
intricate complexity arises in this appeal where factual scenario has very little
role to play.

Filtering out unnecessary details, the factual position is as follows:

E On 13.7.1998 information was received from Tagore Hospital, Jalandhar
that Reema Aggarwal the appellant had been admitted on h·aving consumed
poisonous substance. On reaching hospital, AS! Charanjit Singh obtained
opinion of the doctor regarding her fitness to make a statement. Appellant
stated before Investigating Officer that she was married to Anupam the
F respondent no. I on 25.1.1998 and after the marriage, she was harassed by her
husband-respondent no. I, mother-in-law, father-in-law and brother-in-law \.
(respondents 2, 3 and 4) respectively for not bringing sufficient and more
dowry. It was also disclosed that it was the second marriage of both the
appellant and respondent no. I. On the date of incident at about 5.00 p.m. all
the four accused persons forced her to take something to put an end her life
G and forcibly put some acidic substance in her mouth. She started vomiting
and was taken to the hospital in an unconscious state. The first information
report was registered accordingly and on completion of investigation the
charge sheet was placed and charges were framed for offences punishable
under Sections 307 and 498-A of the Indian Penal Code, 1860 (for short the
H 'IPC'). Accused persons pleaded innocence. Seven witnesses were examined
REEMA AGGARWAL v. AN UP AM [ARI.llT PASA YAT, J.] 383
to further the prosecution version. A
Before the trial Court the accused persons put the plea that charge
under Section 498-A was thoroughly misconceived as both Sections 304-8
and 498-A !PC pre-suppose valid marriage of the alleged victim-woman with
the offender-husband. It was required to be shown that the victim-woman
was the legally married wife of the accused. Since it was admitted that the B
appellant had married during the lifetime of the wife of respondent no. I,
what happened to his first marriage remained a mystery. Prosecution has
failed to establish that it stood dissolved legally. Prosecution having failed to
bring any material record in that regard, Section 498-A had no application.
Reliance was placed on a decision of tile Madhya Pradesh High Court in C
Ramnarayan and Ors. v. State of MP., (1998) 3 Crimes 147 M.P. The Trial
Court held that the accusations, so far as Section 307 is concerned, were not
established and in view of the legal position highlighted by the accused
persons vis-a-vis Section 498-A the charge in that regard was also not
established. Accordingly the accused persons were acquitted.
D
The State of Punjab filed an application for grant of leave to appeal
which was disposed of by the Division Bench of the Punjab and Haryana
High Court with the following order:

"We have heard the learned counsel for the appellant and with his
assistance, have gone through the finding recorded by the learned E
trial Court. In our considered opinion, the finding recorded by the
learned trial Court cannot be held to be erroneous or that there was
no perverse appreciation of evidence. Leave to appeal declined. Appeal
is also dismissed."
In view of the dismissal of the State's application for grant of leave, F
criminal revision application which was filed by the appellant before the
High Court was dismissed with the following orders:-

"Vide our separate order of even date in Crl. Misc. No. 580 MA
of 2002, we have not granted permission to the State to file the
appeal. In these circumstances, there is no merit in this criminal G
revision which is hereby dismissed."
In support of the appeal, learned counsel for the appellant submitted
that the High Court was not justified to dispose of the application for grant
of leave as well as the revision filed by the appellant by such cryptic orders.
Important questions of law are involved. In fact, various High Courts have H
384 SUPREME COURT REPORTS [2004] I S.C.R. '
..,.,. "
A taken view different from the one taken by the Madhya Pradesh High Court
in Vungarafa Yedukondafu v. State of Andhra Pradesh, (1988) Crl.L.J. 1538
(DB)) and State of Karna/aka v. Shivaraj, (2000) Crl.L.J 2741. The Andhra
Pradesh High Court and the Karnataka High Court have taken different view.
According to· him the expressions "husband" and "woman" appearing in
Sectipn 498-A !PC are to be read in a manner so as to give full effect to the
B purpose for which Section 498-A was brought into the statute. The restricted
meaning as given by the Madhya Pradesh High Court in Ramnarayan case
~
(supra) does not reflect the correct position of law. On the other hand, contrary
view expressed by the Karnataka and Andhra Pradesh High Courts reflect the
correct view.
c In response, learned counsel for the respondents submitted that to
constitute a marriage in the eye of law it has first to be established that the
same was a valid marriage. Strong reliance was placed on Bhaurao Shankar
Lokhande and Anr. v. The State of Maharashtra and Anr., AIR (1965) SC
1564 in that context. Reference was also made to Sections 5(i), 11 and 16 of
D Hindu Marriage Act, 1955 (for short the 'Marriage Act') to contend that the
stipulations of conditions of valid marriage, the circumstances in which the
~
marriage becomes void and the protection given to children of void and
voidable marriage respectively makes the position clear that wherever the
legislature wanted to provide for contingencies flowing from void or voidable
marriages, it has specifically done so. It is latently evident from Section 16
E
of the Marriage Act. There is no such indication in Section 498-A IPC. The
language used is "husband or relative of the husband". Marriage is a legal
union of one man and woman as. husband and wife and cannot extend to a
woman whose marriage is void and not a valid marriage in the eye of law.

F The marriages contracted between Hindus are now statutorily made
monogamous. A sanctity has been attributed to the first marriage as being ' .
that which was contracted from a sense of duty and not merely for personal
gratification. When the fact of celebration of marriage is established it will
be presumed in the absence of evidence to the contrary that all the rites and
ceremonies to· constitute a valid marriage have been gone through. As was
G said as long as 1869 "when once you get to this, namely, that there was a
marriage in fact, there would be a presumption in favour of there being a
marriage in law''. (See fnder1111 Valungypoo/y v. Ramaswamy, (1869) 13 ).
~
MIA 141. So also where a man and woman have been proved to have lived
together as husband and wife, the law will presume, until contrary be clearly
H proved, that they were living together in consequence of a valid marriage and
REEMA AGGARWAL v. ANUPAM [ARJJIT PASAYAT, J.) 385
~~ not in a state of concubinage. (See Sas try Ve/aider v. Sembicutty, (1881) 6 A
AC 364 following De Thoren v. Attorney General, (1876) l AC 686 and
Piers v. Piers (L.R.(2) H.L.C. 331). Where a marriage is accepted as valid
by relations, friends and others for a long time it cannot be declared as
invalid. In Lokhande 's case (supra), it was observed by this Court "The bare
fact that man and woman live as husband and wife it does not at any rate
normally give them the status of husband and wife even though they may B
hold themselves before the society as husband and wife and the society treats
them as husband and wife". These observations were cited with approval in
Surjit Kaur v. Ga1ja Singh and Ors., AIR (1994) SC 135. At first blush, it
would seem that these observations run counter to the long catena of decisions
noted above. But on closer examination of the facts of those cases it is clearc
that this Court did not differ from the views expressed in the earlier cases.
In Lokhande's case (supra), this Court was dealing with a case of prosecution
for bigamy. The prosecution had contended that second marriage was
gandharva form of marriage and no ceremonies were necessary and, therefore,
did not allege or prove that any customary ceremonies were performed. In
that background, it was held that even in the case of gandharva marriages, D
ceremonies were required to be performed. To constitute bigamy under Section
"·) 494 !PC, the second marriage had to be a valid marriage duly solemnized and
~
as it was not so solemnized it was not a marriage at all in the eye of law and
was therefore invalid. The essential ingredient constituting the offence of
Bigamy is the "marrying" again during the lifetime of husband or wife in E
contrast to the ingredients of Section 498A which, among other things,
envisage subjecting the woman concerned to cruelty. The thrust is mainly
"marrying" in Section 494 !PC as against subjecting of the woman to cruelty
in Section 498A. Likewise, the thrust of the offence under Section 304B is
also the "Dowry Death''. Consequently, the evil sought to be curbed are
distinct and separate from the persons committing the offending acts and F
"1:-:'1
there could be no impediment in law to liberally construe the words or
expressions relating to the persons committing the offence so as to rope in
not only those validly married but also any one who has undergone some or
other form of marriage and thereby as.sumed for himself the position of
husband to live, cohabitate and exercise authority as such husband over another G
woman. As the prosecution had set up a plea of gandharva marriage and had
failed to prove the performance of ceremonies, it was not open to fall back
x upon the presumption of a valid marriage. It was further held that there was
no such presumption if the man was already married. Jn Surjit Singh 's case
(supra) the stand was that the marriage was in Karewa form. This Court held
that under the custom of Karewa marriage, the widow could marry the brother H
386 SUPREME COURT REPORTS [2004] I S.C.R.

A or a relation of the husband. But in that case the man was a stranger. Further -..-,
even under that form of marriage certain ceremonies were required to be
performed which were not proved. Dealing with the contention relating to
presumption, reference was made to Lokhande's case (supra). As the parties
had set up a particular form of marriage which turned out to be invalid due
to absence of proof of having undergone the necessary ceremonies related to
B such form of marriage, the presumption of long cohabitation could not be
invoked.

The presumption may not be available in a case, for example, where
the man was already married or there was any insurmountable obstacle to the
c marriage, but presumption arises if there is strong evidence by documents
and conduct. Above position has been highlighted in Mayne's Hindu Law
r·

and Usage.

The question as to who would be covered by the expression 'husband'
for attracting Section 498A does present problems. Etymologically, in terms
D of the definition of "husband" and "marriage" as given in the various Law
Lexicons and dictionaries - the existence of a valid marriage may appear to
be a sine qua non for applying a penal provision. In Smt. Yamunabai Anantrao .~

Adhav v. Anantrao Shivram Adhav and Anr., AIR (1988) SC 644 a woman
claimed maintenance under Section 125 of the Code of Criminal Procedure,
1973 (in short the 'Cr.P.C.'). This Court applied the provision of the Marriage
E Act and pointed out that same was a law which held the field after 1955,
when it was enacted and Section 5 lays down that for a lawfu I marriage the
necessary condition that neither party should have a spouse living at the time
of the marriage is essential and marriage in contravention of this condition
therefore is null and void. The concept of marriage to constitute the relationship
F of 'husband' and 'wife' may require strict interpretation where claims for
civil rights, Tight to property etc. may follow or flow and a liberal approach >-,,,,.,.
and different perception cannot be an anatheme when the question of curbing
a social evil is concerned.
I-
The question of origin of dowry or dos has been the subject of study
G by theoreticians. Mayne says that it was a contribution by the wife's family,
or by the wife herself. intended to assist the husband in bearing the expenses
of the conjugal household (Mayne on "Early History of Institution" page ).

319). While dos or dowry previously belonged to husband, his right over it ~

being unrestricted, all the property of the wife not included in the dowry was
called her "paraphra" and was her absolute property over which her husband
H
REEMA AGGARWAL v. ANUPAM [ARIJIT PASA YAT, J.] 387
,,,-<{
had no control. (See Banerjee on 'Marriage and Stridhan' 345) In Pratibha A
Rani v. Sura} Kumar and Anr., AIR ( 1985) SC 628 after tracing out the
history of stridhan it was held that wife is the absolute owner of such property
under Section 27 of the Marriage Act. Property presented to the husband and
wife at or about the time of marriage belongs to them jointly.

The Dowry Prohibition Act, 1961 (in short the 'Dowry Act') was B
introduced to combat the ever-increasing menace of dowry. The avowed
...,..
object is prohibition on giving and taking of dowry. Section 2 defines "dowry" ..
Section 4 provides the penalty for demanding "dowry", while Section 5 is a
significant provision making agreement for giving or taking dowry to be
void. Section 6 is another provision which reflects statutory concern for
prevention of dowry, be it taking or giving. It is provided therein that pending
c
transfer of the dowry, the person who received the dowry holds it in trust for
benefit of the woman. Amendment to Section 2 by Amendment Act 43 of
1986 has made the provision clear and demand made after the marriage is a
part of dowry, in view of addition of words "at or before or after the marriage".
(See State of H.P. v. Nikku Ram, AIR (1996) SC 67. D
'I. The definition of the term 'dowry' under Section 2 of the Dowry Act
..
'
)
shows that any property or valuable security given or "agreed to be given"
either directly or indirectly by one party to the marriage to the other party to
the marriage "at or before or after the marriage" as a "consideration for the
marriage of the said parties" would become 'dowry' punishable under the E
Dowry Act. Property or valuable security so as to constitute 'dowry' within
the meaning of the Dowry Act must, therefore. be given or demanded "as
consideration for the marriage."

Section 4 of the Dowry Act aims at discouraging the very "demand" of
F
·/ "dowry" as a 'consideration for the marriage' between the parties thereto and
lays down that if any person after the commencement of the Act, "demands",
~
directly or indirectly, from the parents or guardians of a 'bride' or
'bridegroom', as the case may be, any 'dowry' he shall be punishable with
imprisonment or with fine or within both. Thus, it would be seen that Section
4 makes punishable the very demand of property or valuable security as a G
consideration for marriage, which demand, if satisfied, would constitute the
graver offence under Section 3 of the Act punishable with higher imprisonment
"' \ and with fine which shall not be less than fifteen thousand rupees or the
amount of the value of such dowry whichever is more.
The definition of the expression 'dowry' contained in Section 2 of the H
388 SUPREME COURT REPORTS [2004] I S.C.R.

A Dowry Act cannot be confined merely to be 'demand' of money, property or
valuable security made at or after the performance of marriage. The legislature
has in its wisdom while providing for the definition of 'dowry' emphasized
that any money, property or valuable security given, as a consideration for
marriage, 'before, at or after' the nµrriage would be covered by the expression
B 'dowry' and this definition as contained in Section 2 has to be read wherever
the expression 'dowry' occurs in the Act. Meaning of the expression 'dowry'
as commonly used and understood is different than the peculiar definition
thereof under the Act. 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
c relatives 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 ccnsequence of the marriage not taking
D place at all. The expression "dowry" under the Dowry Act has to be interpreted
in the sense which the statute wishes to attribute to it. The definition given
.A
in the statute is the determinative factor. The Dowry Act is a piece of social \
~.
legislation which aims to check the growing menace of the social evil of
dowry and it makes punishable not only the actual receiving of dowry but
E also the very demand of dowry made before or at the time or after the
marriage where such demand is referable to the consideration of marriage.
Dowry as a quid pro quo for marriage is prohibited and not the giving of
traditional presents to the bride or the bridegroom by friends and relatives.
Thus, voluntary presents given at or before or after the marriage to the bride
or the bridegroom, as the case may be, of a traditional nature, which are
F given not as a consideration for marriage but out of love, affection or regard,
>,, •
would not fall within the mischief of the expression 'dowry' made punishable
under the Dowry Act.
Aryan Hindus recognised 8 forms of marriage, out of which four were
approved, namely, Brahma, Daiva, Arsha and Pr"ajapatya. The dis-approved
G forms of marriages were Gandharva, Asura, Rakshasa and Paisacha. In the
Brahma form of marriage, some amounts had to be spent by father/guardian,
as the case may be, to go ultimately to the spouses. The origin of dowry may ).
{
be traced to this amount either in cash or kind.
The concept of"dowry" is intermittently linked with a marriage and the
H provisions of the Dowry Act apply in relation to marriages. If the legality of
REEMA AGGARWAL v. ANUPAM [ARIJIT PASAYAT, J.) 389

~ the marriage itself is an issue further legalistic problems do arise. If the A
validity of the marriage itself is under legal scrutiny, the demand of dowry
in respect of an invalid marriage would be legally not recognizable. Even
then the purpose for which Sections 498A and 3048-JPC and Section 1138
of the Indian Evidence Act, 1872 (for short the 'Evidence Act') were
introduced cannot be lost sight of. Legislations enacted with some policy to B
curb and alleviate some public evil rampant in society and.effectuate a definite
public purpose or benefit positively requires to be interpreted with certain
element of realism too and not merely pedantically or hyper technically. The
obvious objective was to prevent harassment to a woman who enters into a
marital relationship with a person and later on, becomes a victim of the greed
for money. Can a person who enters into a marital arrangement be allowed C
to take a shelter behind a smokescreen to contend that since there was no
valid marriage the question of dowry does not arise? Such legalistic niceties
would destroy the purpose of the provisions. Such hairsplitting legalistic
approach would encourage harassment to a woman over demand of money.
The nomenclature 'dowry' does not have any magic charm written over it.
It is just a label given to demand of money in relation to marital relationship. D
The legislative intent is clear from the fact that it is not only the husband but
") also his relations who are covered by Section 498A. Legislature has taken
care of children born from invalid marriages. Section 16 of the Marriage Act
deals with legitimacy of children of void and voidable marriages. Can it be
said that legislature which was conscious of the social stigma attached to E
children of void and voidable marriages closed eyes to plight of a woman
who unknowingly or unconscious of the legal consequences entered into the
marital relationship. If such restricted meaning is given, it would not further
the legislative intent. On the contrary, it would be against the concern shown
by the legislature for avoiding harassment to a woman over demand of money
in relation to marriages. The first exception to Section 494 has also some F
"/ relevance. According to it, the offence of bigamy will not apply to "any
person whose marriage with such husband or wife has been declared void by
a Court of competent jurisdiction". It would be appropriate to construe the
expression 'husband' to cover a person who enters into marital relationship
and under the colour of such proclaimed or feigned status of husband subjects G
the woman concerned to cruelty or coerce her in any manner or for any of
the purposes enumerated in the relevant provisions Sections 3048/498A,
whatever be the legitimacy of the marriage itself for the limited purpose of
Sections 498A and 3048 IPC. Such an interpretation, known and recognized
as purposive construction has to come into play in a case of this nature. The
absence of a definition of 'husband' to specifically include such persons who H
390 SUPREME COURT REPORTS [2004] I S.C.R.

A contract marriages ostensibly and cohabitate with such woman, in the purported
exercise of his role and status as 'husband' is no ground to exclude them
from the purview of Section 304B or 498A IPC, viewed in the context of the
very object and aim of the legislations introducing those provisions.

In Chief Justice of A.P. v. L. V.A. Dixitulu, [1979] 2 SCC 34, this Court
B observed:
"The primary principle of interpretation is that a constitutional or
statutory provision should be construed "according to the intent of
they that made it" (Coke). Normally, such intent is gathered from the
language of the provision. lfthe language or the phraseology employed
c by the legislation is precise and plain and thus by itself proclaims the
legislative intent in unequivocal terms, the same must be given effect
to, regardless of the consequences that may follow. But if the words
used in the provision are imprecise, protean or evocative or can
reasonably bear meanings more than one, the rule of strict grammatical
D construction ceases to be a sure guide to reach at the real legislative
intent. In such a case, in order to ascertain the true meaning of the
terms and phrases employed, it is legitimate for the Court to go
beyond the arid literal confines of the provision and to call in aid
other well-recognised rules of construction, such as its legislative
history, the basic scheme and framework of the statute as a whole,
E each portion throwing light, on the rest; the purpose of the legislation,
the object sought to be achieved, and the consequences that may flow
from the adoption of one in preference to the other possible
interpretation.

F In Kehar Singh v. State (Delhi Admn.), AIR (1988) SC 1883, this Court
held:
\·
" .... But, ifthe words are ambiguous, uncertain or any doubt arises as
to the terms employed, we deem it as out paramount duty to put upon
the language of the legis_lature rational meaning. We then examine
every word, every section and every provision. We examine the Act
G
as a whole. We examine the necessity which gave rise to the Act. We
look at the mischiefs which the legislature intended to redress. We
look at the whole situation and not just one-to-one relation. We will
not consider any provision out of the framework of the statute. We
will not view the provisions as abstract principles separated from the
H motive force behind. We will consider the provisions in the
REEMA AGGARWAL v. ANUPAM (ARIJIT PASA YAT, J.] 391
circumstances to which they owe their origin. We will consider the A
provisions to ensure coherence and consistency within the law as a
whole and to avoid undesirable consequences.

In District Mining Officer v. Tata Iron & Steel Co., JT (200 I) 6 SC
183, this Court stated:
B
"The legislation is primarily directed to the problems before the
legislature based on information derived from past and present
experience. It may also be designed by use of general words to cover
similar problems arising in future. But, from the very nature of thing,
it is impossible to anticipate fully in the varied situations arising in
future in which the application of the legislation in hand may be C
called for the words chosen to communicate such indefinite referents
are bound to be in many cases, lacking in charity and precision and
thus giving rise to controversial questions of construction. The process
of construction combines both literal and purposive approaches. In
other words, the legislative intention i.e. the true or legal meaning of D
an enactment is derived by considering the meaning of the words
used in the enactment in the light of any discernible purpose or object
which comprehends the mischief and its remedy to which the
enactment is directed".

The suppression of mischief rule made immortal in Heydon's case (3 E
Co Rep 7a 76 ER 637) can be pressed into service. With a view to suppress
the mischief which would have surfaced had the literal rule been allowed to
cover the field, the Heydon's Rule has been applied by this Court in a number
of cases, e.g. Bengal Immunity Co. ltd., v. State of Bihar and Ors., AIR
(1955) SC 661, Goodyear India ltd. v. State of Haryana and Anr., AIR
(1990) SC 781, P. E.K. Kalliani Am ma and Ors. v. K Devi and Ors., AIR F
"J ( 1996) SC 1963 and Ameer Trading Corporation ltd., v. Shapporji Data
Processing ltd., (2003) 8 Supreme 634.

The judgments of High Courts taking a view contrary to the one
expressed above, cannot be considered to lay down the correct position of G
law.

In Reserve Bank of India etc. etc. v. Peerless General Finance and
..1.,\ Investment Co. ltd. and Ors. etc. etc., [ 1987] I SCC 424 while dealing with
the question of interpretation of a statute, this Court observed:

"Interpretation must depend on the text and the context. They are H
392 SUPREME COURT REPORTS (2004) I S.C.R.

A the bases of interpretation. One may wel I say if the text is the texture,
context is what gives the colour. Neither can be ignored. Both are
important. That interpretation is best which makes the textual
interpretation match the contextual. A statue is best interpreted when
we know why it was enacted. With this knowledge, the statute must· ...
be read, first as a whole and then section by section, clause by clause,
B phrase by phrase and word by word. l f a statute is looked at in the
context of its enactment, with the glasses of the statute-maker, provided
by such context, its scheme, the sections, clauses, phrases and words
may take colour and appear different than when the statute is looked
at without the glasses provided by the context. With these glasses we
C must look at the Act as a whole and discover what each section, each
clause, each phrase and each word is meant and designed to say as
to fit into the scheme of the entire Act. No part of a statute and no
word of a statute can be construed in isolation. Statutes have to be
construed so that every word has a place and everything is in its
place."
D
In Seaford Court Estates Ltd. v. Asher, (1949) 2 All ER 155 (CA),
Lord Denning, advised a purposive approach to the interpretation of a word
used in a statute and observed:
"The English language is not an instrument of mathematical
E precision. Our literature would be much the poorer if it were. This is
where th(: draftsmen of Acts of Parliament have often been unfairly
criticised. A Judge, believing himself to be fet~ered by the supposed
rule that he must look to the language and nothing else, laments that
the draftsmen have not provided for this or that, or have been guilty
of some or other ambiguity. It would certainly save the Judges trouble
F if Acts of Parliament were drafted with divine prescience and perfect
clarity. In the absence of it, when a defect appears, a Judge cannot '' -
simply fold his hands and blame the draftsman. He must set to work
on the constructive task offinding the intention of Parliament, and he
must do this not only from the language of the statute, but also from
a consideration of the social conditions which gave rise to it and of
G
the mischief which it was passed to remedy, and then he must
supplement the written word so as to give 'force and life' to the
intention of the legislature ...... A Judge should ask himself the question
how, if the makers of the Act had themselves come across this ruck
in this texture of it, they would have straightened it out? He must
H then do so as they would have done. A Judge must not alter the
•
REEMA AGGARWAL v. ANUPAM [ARJJIT PASA'Y AT, J.] 393
material of which ihe Act is woven, but he can and should iron out A
the creases."
(underlined for emphasis)

These aspects were highlighted by.this Court in S. Gopal Reddy v.
State of A.P., (1996] 4 sec 596. B
Whether the offences are made out is a matter of trial. The High Court
was not justified in summarily rejecting the application for grant of leave. It
has a duty to indicate reasons when it refuses to grant leave. Any casual or
summary disposal would not be proper. (See State of Punjab v. Bhag Singh,
(2003) 8 Supreme 611. In the circumstances, we set aside the impugned C
order of the High Court and remit the matter back to the High Court for
hearing the matter on merits as according to us points involved require
adjudication by the High Court. The appeal is allowed to the extent indicated.

N.J. Appeal allowed.

/

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