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Bare acts > Dowry Prohibition Act, 1961 > Section 6


*[6. Dowry to be for the benefit of the wife or her heirs.- (1) Where any dowry is received by any person other than the woman in connection with whose marriage it is given, that person shall transfer it to the woman-

(a) if the dowry was received before marriage, within three months after the date of marriage; or

(b) if the dowry was received at the time of or after the marriage, within three months after the date of its receipt; or

(c) if the dowry was received when the woman was a minor, within three months after she has attained the age of eighteen years; and pending such transfer, shall hold it in trust for the benefit of the woman.

(2) If any person fails to transfer any property as required by sub-section (1) within the time limit specified therefor, or as required by sub-section (3), he shall be punishable with imprisonment for a term which shall not be less than six months, but which may extend to two years or with fine which shall not be less than five thousand rupees, but which may extend to ten thousand rupees or with both.

(3) Where the woman entitled to any property under sub-section (1) dies before receiving it, the heirs of the woman shall be entitled to claim it from the person holding it for the time being:

Provided that where such woman dies within seven years of her marriage, otherwise than due to natural causes, such property shall,--

(a) if she has no children, be transferred to her parents; or

(b) if she has children, be transferred to such children and pending such transfer, be held in trust for such children.

(3A) Where a person convicted under sub-section (2) for failure to transfer any property as required by sub-section (1) or sub-section (3) has not, before his conviction under that sub-section, transferred such property to the woman entitled thereto or, as the case may be, her heirs, parents or children the Court shall, in addition to awarding punishment under that sub-section, direct, by order in writing, that such person shall transfer the property to such woman or, as the case may be, her heirs, parents or children] within such period as may be specified in the order, and if such person fails to comply with the direction within the period so specified, an amount equal to the value of the property, may be recovered from him as if it were a fine imposed by such Court and paid to such woman or, as the case may be, 3[her heirs, parents or children.

(4) Nothing contained in this section shall affect the provisions of section 3 or section 4.

*[Modified by Dowry Prohibition Amendment Act, 1986 (Act 43 of 1986), & Dowry Prohibition Amendment Act, 1984 (Act 63 of 1984)]

State Amendments-[Haryana]. In its application to the state of Haryana, in sub-S. (2) of S. 6, for “or with fine which may extend to five thousand rupees, or with both”, substitute “and with fine which may extend to five thousand rupees”

[Vide Haryana Act 38 of 1976, S. 3 (w.e.f. 11-8-1976)]

Orissa.-In its application to the State of Orissa, after S. 6, insert the following sections, namely:-

“6-A. Penalty for denial of conjugal right by the husband.-(1) If any

husband has failed to carry out the undertaking or has otherwise acted contrary to the terms of the bond, and thereupon the Court shall proceed with the case from the stage at which it was dropped:

Provided that no application under this sub-section shall be entertained if it is made after the expiry of three years from the date on which the proceedings were dropped;

(4) The Court may direct that the fine, if any, imposed under this section or such portion thereof as the Court deems proper, shall be paid to the wife as compensation.

6-B. Maintenance to be paid by husband on his conviction.-(1) On conviction of a person for an offence under section 6-A, the Court trying the offence may, on a claim made by his wife in that behalf within two months from the date of the order of conviction, order such person to make a monthly allowance for the maintenance of his wife at such monthly rate not exceeding five hundred rupees, as the Court deems proper:

Provided that no such order shall be made without giving the parties concerned a reasonable opportunity of being heard.

(2) In determining the monthly allowance under this section regard shall be had to-

(a) the position and status of the parties;

(b) the reasonable wants of the wife;

(c) the value of the wife’s property and any income derived from such property, or from the wife’s earnings or from any other source; and

(d) the amount of compensation awarded under section 6-A.

(3) The maintenance allowance so ordered shall be a charge on the property, if any, of the husband, whether acquired before or after the date of the order.

(4) Where a complaint has been filed by the wife for an offence under section 6-A, the husband shall not transfer any of his assets till-

(a) where no claim for maintenance has been preferred under this section, the date of expiry of the period of limitation specified in sub-section (1) for filing such claim; and

(b) where such claim is preferred, the disposal of the claim.






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