AIMALA JAYARAM Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) The 2nd respondent herein, who is the wife of the petitioner filed a complaint u/S. 7(2) of the Dowry Prohibition Act, 1961 ('the Act') against her husband before the Ist Addl. Munsif Magistrate, Warangal, on the ground that her husband and father-in-law were liable to handover and deliver the amount and articles said to have been given to them at the time of her marriage and since they have failed to return the same they are liable for punishment under the Act. The said complaint was taken on file on 15-4-1987.

(2.) Pending disposal of the said petition, the husband filed an application u/S. 7(b) of the Act, requesting the Court to dismiss the complaint u/S. 7(2) of the Act on the ground that the same is barred by time.

(3.) The facts of the case are : the marriage between the petitioner and the defacto complainant i.e. the wife took place on 16-8-1984. The alleged payment of dowry was made, according to the complainant, to the father of the petitioner by her father on 9-7-1984 and 30-7-1984, i.e. prior to the marriage. The complaint was filed on 15-4-1987 one year after the date of the offence and therefore according to the petitioner, it is hit by S. 7(b) of the Act. The case of the wife is that the complaint is within time as the marriage took place on 15-8-1984 The learned Magistrate took the view that the limitation for filing the complaint expires on 16-8-1985 and the complaint is not maintainable u/S. 7(b) of the Act as it stood prior to the Amendment of the Act and the amended section deleting the limitation of one year for filing the complaint from the date of marriage has no retrospective effect. Ultimately he allowed the application of the husband.