DILIP KUMAR TAMRAKAR Vs. NISHA TAMRAKAR

JUDGEMENT

(1.) IN this appeal filed under Section 19 of the Family Courts Act, 1984, challenge is made to the judgment dated 30.6.2004 passed by the Presiding Officer, Family Court, Rewa in Civil Suit No. 43 -A/2003 whereby power available to the Court under Section 6(3A) of the Dowry Prohibition Act, 1961 (in short "the Act") has been exercised and a decree has been granted directing the appellant to pay to the respondent -wife a sum of Rs. 1,07,000/ - alongwith interest at the rate of 6% per annum and the cost of Rs. 1000/ -

(2.) THE legal question raised in this appeal is as to whether an application in a suit under Section 6(3A) of the Act is maintainable even without there being any prosecution or conviction for the offence as specified in section 6(2) of the Act.

(3.) THE facts in brief go to show that the marriage between the parties were solemnized in Baba Katra Mohalla, Rewa as per Hindu religious rites and customs on 13.12.2001 and it seems that after parties were living together, various disputes cropped up in the matter of their matrimonial life. In the meanwhile, on the allegation of cruelty, harassment and demand of dowry, the respondent -wife filed a complaint and the appellant has been prosecuted for offence under section 498 -A of IPC. However, in the meanwhile, an application under section 6 of the Act has been filed by the respondent and the same having been allowed, this appeal by the appellant has been filed.