(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
14
[three months] after the date of marriage; or
(
b
) if the dowry was received at the time of or after the marriage, within
15
[three months] after the date of its receipt; or
(
c
) if the dowry was received when the woman was a minor, within one year after she has attained the age of eighteen years,
and pending such transfer, shall hold it in trust for the benefit of the woman.
16
[(2) If any person fails to transfer any property as required by sub-section (1) within the time limit specified therefor
17
[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
18
[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.
19
[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.]
20
[(3-A) Where a person convicted under sub-section (2) for failure to transfer any property as required by sub-section (1)
21
[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,
22
[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,
23
[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,
24
[her heirs, parents or children].]
(4) Nothing contained in this section shall affect the provisions of Section 3 or Section 4.
STATE AMENDMENTS
Haryana
. In sub-section (2) of Section 6 of the principal Act, for the words or with fine which may extend to five thousand rupees, or with both , the words and with fine which may extend to five thousand rupees shall be
substituted
.
Vide
Haryana Act 38 of 1976, S. 2, dt. 11-8-1976.
Orissa
. In the Dowry Prohibition Act, 28 of 1951 (hereinafter referred to as the principal Act), after Section 6 the following new sections shall be
inserted
, namely:
6-A.
Penalty for denial of conjugal right by the husband
. (1) If any person denies conjugal rights to his wife on the ground that dowry has not been given or on the ground that the dowry given is insufficient, he shall be punishable with imprisonment which may extend to one year, or with fine which may extend to ten thousand rupees or with both.
(2) The Court trying an offence under this section may, at any stage of the proceedings, on the execution of a bond by the husband undertaking not to realise the dowry or any portion thereof, as the case may be, and to allow conjugal rights to the wife, drop the proceedings.
(3) Any proceedings dropped under sub-section (2) shall revive if the Court is satisfied, on an application made in that behalf by the wife, that the 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 own earning 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.
(5) Notwithstanding anything contained in any other law, the wife may enforce any claim for maintenance against any property transferred by the husband in contravention of the provisions of sub-section (4) as if such transfer were
null
and
void
.
(6) The provisions contained in sub-section (3) of Section 125 of the Code of Criminal Procedure, 1973 (2 of 1974), shall, so far as may be, apply to the recovery of the maintenance allowance ordered under this section.
Vide
Orissa Act 1 of 1976, S. 2, dt. 18-1-1976.
Payment of Maintenance by Husband on his conviction
. On husband's conviction Section 6-B empowers a court to make provision for the maintenance of the wife under Section 125, CrPC. Section 6-B(2) gives court the discretion to regulate the quantum of maintenance on practically the same considerations which regulate such determination under Section 125, CrPC. Such maintenance is a charge on the husband's property. He can be restrained from alienating his property also.
The main provisions regarding grant of maintenance is contained in Section 125 CrPC, which runs as follows:
125. Order for maintenance of wives, children and parents
. (1) If any person having sufficient means neglects or refuses to maintain
(
a
) his wife, unable to maintain herself, or
(
b
) his legitimate or illegitimate minor child, whether married or not, unable to maintain itself, or
(
c
) his legitimate or illegitimate child (not being a married daughter) who has attained majority, where such child is, by reason of any physical or mental abnormality or injury unable to maintain itself, or
(
d
) his father or mother, unable to maintain himself or herself,
a Magistrate of the first class may, upon proof of such neglect or refusal, order such person to make a monthly allowance for the maintenance of his wife or such child, father or mother, at such monthly rate, as such Magistrate thinks fit, and to pay the same to such person as the Magistrate may from time to time direct:
Provided that the Magistrate may order the father of a minor female child referred to in clause (
b
) to make such allowance, until she attains her majority, if the Magistrate is satisfied that the husband of such minor female child, if married, is not possessed of sufficient means:
Provided further that the Magistrate may, during the pendency of the proceeding regarding monthly allowance for the maintenance under this sub-section, order such person to make a monthly allowance for the interim maintenance of his wife or such child, father or mother, and the expenses of such proceeding which the Magistrate considers reasonable, and to pay the same to such person as the Magistrate may from time to time direct:
Provided also that an application for the monthly allowance for the interim maintenance and expenses for proceeding under the second proviso shall, as far as possible, be disposed of within sixty days from the date of the service of notice of the application to such person.
Explanation
. For the purposes of this Chapter,
(
a
) minor means a person who, under the provisions of the Indian Majority Act, 1875 (9 of 1875), is deemed not to have attained his majority;
(
b
) wife includes a woman who has been divorced by, or has obtained a divorce from, her husband and has not remarried.
(2) Any such allowance for the maintenance or interim maintenance and expenses for proceeding shall be payable from the date of the order, or, if so ordered, from the date of the application for maintenance or interim maintenance and expenses of proceeding, as the case may be.
(3) If any person so ordered fails without sufficient cause to comply with the order, any such Magistrate may, for every breach of the order, issue a warrant for levying the amount due in the manner provided for levying fines, and may sentence such person, for the whole or any part of each month's allowance for the maintenance or the interim maintenance and expenses of proceeding, as the case may be, remaining unpaid after the execution of the warrant, to imprisonment for a term which may extend to one month or until payment if sooner made:
Provided that no warrant shall be issued for the recovery of any amount due under this section unless application be made to the Court to levy such amount within a period of one year from the date on which it became due:
Provided further that if such person offers to maintain his wife on condition of her living with him, and she refuses to live with him, such Magistrate may consider any grounds of refusal stated by her, and may make an order under this section notwithstanding such offer, if he is satisfied that there is just ground for so doing.
Explanation
. If a husband has contracted marriage with another woman or keeps a mistress, it shall be considered to be just ground for his wife's refusal to live with him.
(4) No wife shall be entitled to receive an allowance for the maintenance or the interim maintenance and expenses of proceeding, as the case may be, from her husband under this section if she is living in adultery, or if, without any sufficient reason, she refuses to live with her husband, or if they are living separately by mutual consent.
(5) On proof that any wife in whose favour an order has been made under this section is living in adultery, or that without sufficient reason she refuses to live with her husband, or that they are living separately by mutual consent, the Magistrate shall cancel the order.
STATE AMENDMENTS UNDER SECTION 125 OF CrPC, 1973
Madhya Pradesh
. (1) In sub-section (1) of Section 125 of the Principal Act, for the words five hundred rupees the words three thousand rupees shall be
substituted
. [
vide
M.P. Act 10 of 1998, S. 2 (30-5-1998)].
(2) In Section 125,
(
i
) for the marginal heading, the following marginal heading shall be
substituted
, namely:
Order for maintenance of wifes, children, parents and grand parents.
(
ii
) In sub-section (1),
(
a
) After clause (
d
), the following clause shall be
inserted
, namely:
(
e
) his grand father, grand mother unable to maintain himself or herself. ;
(
b
) In the existing para, for the words a magistrate of the first class may, upon proof of such neglect or refusal, order such person to make a monthly allowance for the maintenance of his wife or such child, father or mother, at such monthly rate not exceeding three thousand rupees in the whole, as such magistrate thinks fit, and to pay the same to such person as the Magistrate may from time to time direct , the words a Magistrate of the first class may upon proof of such neglect or refusal, order such person to make a monthly allowance for the maintenance of his wife or such child, father, mother, grand father, grand mother at such monthly rate, as such Magistrate thinks fit, and to pay the same to such person as the Magistrate may from time to time direct shall be
substituted
;
(
c
) After the existing first proviso, the following proviso shall be
inserted
, namely:
Provided further that the relatives in clause (
e
) shall only be entitled to monthly allowance for maintenance if their sons or daughters are not alive and they are unable to maintain themselves. [
Vide
M.P. Act 15 of 2004, S. 3]
Maharashtra
. In Section 125 of the Code of Criminal Procedure, 1973, in its application to the State of Maharashtra (hereinafter referred to as the said Code ),
(
a
) in sub-section (1),
(
i
) for the words not exceeding five hundred rupees the words not exceeding fifteen hundred rupees shall be
substituted
;
(
ii
) before the existing proviso, the following proviso shall be
inserted
, namely:
Provided that, the Magistrate on an application or submission being made, supported by an affidavit by the person who has applied for the maintenance under this sub-section, for payment of
interim
maintenance, on being satisfied that, there is a
prima facie
ground for making such order, may direct the person against whom the application for maintenance has been made, to pay a reasonable amount by way of
interim
maintenance to the applicant, pending the final disposal of the maintenance application:
Provided further that, such order for payment of
interim
maintenance may, in an appropriate case, also be made by the Magistrate
ex parte
, pending service of notice of the application, subject, however, to the condition that such an order shall be liable to be modified or even cancelled after the respondent is heard in the matter:
Provided also that, subject to the ceiling laid down under this sub-section, the amount of
interim
maintenance shall, as far as practicable, be not less than thirty per cent of the monthly income of the respondent. ;
(
iii
) in the existing proviso, for the words Provided that the words Provided also that shall be
substituted
;
(
b
) after sub-section (2), the following sub-section shall be
inserted
, namely:
(2-A) Notwithstanding anything otherwise contained in sub-sections (1) and (2), where an application is made by the wife under clause (
a
) of sub-section (1) for the maintenance allowance, the applicant may also seek relief that the order may be made for the payment of maintenance allowance in lump sum in lieu of the payment of monthly maintenance allowance, and the Magistrate may, after taking into consideration all the circumstances obtaining in the case including the factors like the age, physical condition, economic conditions and other liabilities and commitments of both the parties, pass an order that the respondent shall pay the maintenance allowance in lump sum in lieu of the monthly maintenance allowance, covering a specified period, not exceeding five years at a time, or for such period which may exceed five years, as may be mutually agreed to, by the parties.
(
c
) in sub-section (3),
(
i
) after the words so ordered the words, brackets, figures and letters either under sub-section (1) or sub-section (2-A), as the case may be , shall be
inserted
;
(
ii
) after the words each month's allowance the words or, as the case may be, the lump sum allowance to be paid in lieu of the monthly allowance shall be
inserted
. [
vide
Maharashtra Act XXI of 1999, S. 2 (20-4-1999)].
Rajasthan
. In its application to the State of Rajasthan, in Section 125, sub-section (1), for the words five hundred occurring after the words at such monthly rate not exceeding and before the words rupees in the whole , the words two thousand five hundred shall be
substituted
. [
Vide
Rajasthan Act 3 of 2001, S. 2].
Tripura
. In the Code of Criminal Procedure, 1973 (hereinafter referred to as the Principal Act) in its application to the State of Tripura, in sub-section (1) of Section 125, for the words five hundred rupees the words one thousand five hundred rupees shall be
substituted
. [
Vide
Tripura Act 9 of 1999, S. 2 (w.e.f. 12-5-1999)].
Uttar Pradesh
. In Section 125 of the Code of Criminal Procedure, 1973, hereinafter referred to as the principal Act,
(
a
) in sub-section (1), for the words five hundred rupees the words five thousand rupees shall be
substituted
;
(
b
) after sub-section (5), the following sub-section shall be
inserted
, namely:
(6) Where in a proceeding under this section it appears to the Magistrate that the person claiming maintenance is in need of immediate relief for his support and the necessary expenses of the proceeding, the Magistrate may, on his application, order the person against whom the maintenance is claimed, to pay to the person claiming the maintenance, during the pendency of the proceeding such monthly allowance [* * *] and such expenses of the proceeding as the Magistrate considers reasonable and such order shall be enforceable as an order of maintenance. [
Vide
U.P. Act 36 of 2000, S. 2 (w.e.f. 13-8-2001)].
Provisions of the Code of Criminal Procedure (Uttar Pradesh Amendment) Act, 1999 (U.P. Act No. 36 of 2000) regarding amendment of sub-section (1) of Section 125 and sub-section (1) of Section 127 of the principal Act which have become redundant consequent upon the commencement of the Code of Criminal Procedure (Amendment) Act, 2001 (Act No. 50 of 2001) enacted by Parliament, shall stand
omitted
. [
Vide
U.P. Act 15 of 2011, S. 3]
The words not exceeding five thousand rupees
omitted
by U.P. Act 15 of 2011, S. 2
West Bengal
. (1) In sub-section (1) of Section 125 of the principal Act,
(
a
) for the words five hundred rupees , the words one thousand and five hundred rupees shall be
substituted
;
(
b
) after the existing proviso the following proviso shall be
inserted
:
Provided further that where in any proceeding under this section it appears to the Magistrate that the wife referred to in clause (
a
) or the minor child referred to in clause (
b
) or the child (not being a married daughter) referred to in clause (
c
) or the father or the mother referred to in clause (
d
) is in need of immediate relief for her or its or his support and the necessary expenses of the proceeding, the Magistrate may, on the application of the wife or the minor child or the child (not being a married daughter) or the father or the mother, as the case may be, order the person against whom the allowance for maintenance is claimed, to pay to the petitioner, pending the conclusion of the proceeding, and monthly during the proceeding such allowance as, having regard to the income of such person, it may seem to the Magistrate to be reasonable. [
Vide
W.B. Act 25 of 1992, S. 4 (w.e.f. 2-8-1993)].
(2) In sub-section (1) of Section 125 of the principal Act, as amended by the Code of Criminal Procedure (West Bengal Amendment) Act, 1992 (West Bengal Act 25 of 1992), the words not exceeding one thousand and five hundred rupees shall be
omitted
. [
Vide
W.B. Act 33 of 2001, S. 3, w.e.f. a date to be notified]