MEHARBAN SINGH Vs. STATE OF J&K & ANR.

JUDGEMENT

(1.) Petitioner filed WPPIL No. 16/2011, for implementation of Dowry Restraint Act, 1960 with further prayer of framing rules for proper enforcement of the Act. Same was disposed of in terms of judgment dated 15.03.2012 after noticing that the State has undertaken an exercise to frame the rules and implement the provisions of the Act. Subsequently, petitioner appears to have filed a contempt petition seeking implementation of the writ Court judgment. Same came to be disposed of in terms of order dated 10.06.2015 with the observation that the Rules have been framed and same have also been notified.

(2.) Grievance of the petitioner in the instant petition is that though rules have been framed and notified by the State, but same are not inconformity with the provisions of the Act and do not carry out the purpose of the Act. Reference is made to Rule 3 of the Dowry Restraint (Maintenance of Lists of Presents to the Bride and Bridegroom) Rules, 2012 in terms whereof the couple is required to draw up a list of presents valuing more than Rs. 10,000.00(Rupees ten thousand) received by them at the time of marriage. It is contended that this rule in fact provides the method and manner of getting the dowry, thereby goes against the spirit of the Dowry Restraint Act and is liable to be quashed as being ultra vires.

(3.) Heard learned counsel for the petitioner.