Wife's Claim To Share In Ancestral Property Can Constitute Dowry Demand If Made Under Husband's Pressure: Calcutta High Court

The Calcutta High Court has held that although a woman is legally entitled to claim her share in ancestral property, such a demand may amount to a dowry demand under Section 304B of the IPC if it is made under continuous pressure and coercion from her husband.

A Division Bench of Justice Arijit Banerjee and Justice Apurba Sinha Ray upheld the conviction of a husband for dowry death while acquitting his parents for want of evidence. The Court also reduced the husband's sentence from life imprisonment to 10 years' rigorous imprisonment, observing that life imprisonment under Section 304B IPC is reserved for "rare cases."

"It is true that a lady can demand her share in her ancestral property but when such demand appears to be a result of direction and pressure from her husband, we cannot say that such demand would not come under the broader term of 'dowry demand'."

The Court further observed: "The demand on the victim was the outcome of the pressure created upon her by her husband. It is not expected that Sajal will make such a demand in the presence of any independent witness."

The case arose from the death of Chayanika, who was found hanging along with her minor daughter in her matrimonial home in June 2014.

According to the prosecution, Chayanika had been subjected to continuous physical and mental cruelty after marriage over demands for money. Her brother alleged that she was repeatedly asked to persuade him to sell the family's ancestral property and hand over her share of the sale proceeds.

Following investigation, Chayanika's husband Sajal Parui and his parents were charged under Sections 498A and 304B IPC, among other provisions. The trial court acquitted them of murder but convicted all three for cruelty.

Case: Sajal Parui Vs. The State of West Bengal

Case No: CRA (DB) 183 OF 2024

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