Rezaul Karim vs. Most. Taslima Begum (1987)

Fact:

The petitioner Rezaul Karim had married Most. Taslima Begum under Muslim Shariat on 10.02.1985 and thereafter she was kept by her husband in her father's house, but her husband used to come and live with her in that house as husband and wife and as a result, she conceived and gave birth to a female child. At this stage, her brother requested her husband to take their sister to his home when the petitioner's husband demanded Tk.10000 in return. On the refusal of her brother to pay Tk.10000, the petitioner left his father-in-law's house threatening that he would never take her to his home. For that reason, Most. Taslima Begum instituted the C.R. case No 248 of 1986 on 17.07.1986 under the Dowry Prohibition Act, 1980 against the petitioner Rezaul Karim and his father Abdul Hashem Talukder before the learned upazila Magistrate, Mathbaria.

 

Issue: 

Whether the petitioner has been convicted on charge framing under the Dowry Prohibition Act, 1980.

 

Decision:

There is no substance in this application and the said application is therefore rejected.

 

Justification:

The petitioner demanded that the proceeding be quashed, arguing that the demand for money did not come within the definition of dowry under the Act, that is, demanding money in consideration for marriage. The Court disagreed, holding that the demand for money by a husband after marriage in exchange for giving the wife the status of a wife, maintaining and supporting her as a wife, and providing her with shelter as a wife amounts to a demand for dowry under Dowry Prohibition Act, 1980.

Written By---
Sharif Ahmed
Department of Land Management and Law
Jagannath University, Dhaka