Stridhan Is Wife’s Absolute Property, Husband Holds No Title Over It: Supreme Court Reiterates

Context

Recently, Supreme Court in Maya Gopinathan v. Anoop S.B. & Anr. reiterates that Stridhan’ Is Wife’s Absolute Property, Husband Holds No Title Over It.

Supreme Court’s Verdict on Stridhan

• Supreme Court’s Verdict on Stridhan: 
  • A bench comprising Justices Sanjiv Khanna and Dipankar Datta declared that stridhan is absolute property of a woman, granting her full authority to dispose of it as she sees fit. 
  • while the husband has no control over the same, he can use it in times of distress. 
    • However, he bears a moral responsibility to reimburse its value to his wife. 
• Precedent from Rashmi Kumar v. Mahesh Kumar Bhada (1997): 
  • Citing the precedent set in the case of Rashmi Kumar v. Mahesh Kumar Bhada (1997), the Supreme Court affirmed that stridhan property does not become a joint property of the wife and the husband. 
  • The latter has no title or independent dominion over the property.

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Streedhan 

• The word Stridhan has been derived from the words ‘Stri’ meaning a woman and the word ‘dhana’ meaning property.
• Streedhan refers to gifts, money or property that a woman receives before her marriage, at the time of her marriage, during childbirth or widowhood, primarily from her parents, relatives or in-laws.
• It is considered her exclusive property and is meant to provide her with financial security and independence within her marital relationship.

How is Streedhan acquired ?

Laws relating to Streedhan

• A woman’s right to her Streedhan is protected under law. S. 14 of the Hindu Succession Act, 1956 read with S. 27 of the Hindu Marriage Act, 1955,
  • “even if it is placed in the custody of her husband or her in-laws, they would be deemed to be trustees and bound to return the same if and when demanded by her”. 
• Domestic Violence Act, 2005 : 
  • Sec. 12 of the Domestic Violence Act, 2005 provides for women the right to her Streedhan in cases where she is a victim of domestic violence. 
    • The provisions of this law can be easily invoked for recovery of Streedhan.
    • The magistrate may direct the respondent to return to the possession of the aggrieved person her Streedhan or any other property or valuable security to which she is entitled. 
  • Again u/s 18(ii) of the Domestic Violence Act the law says that a woman is entitled to receive the possession of the Streedhan, jewellery, clothes and other necessary items. 
    • The term ‘economic abuse’ has also been provided under the Act. 

Powers Associated with Streedhan to Elevate Women’s Status

Ownership of stridhan has become a symbol of status in society, equating women’s status with that of men. It grants women a sense of authority and ownership over their property, fostering independence and empowerment. 

• Succession Authority: In the event of a Hindu woman dying intestate, her stridhan devolves upon her heirs, granting them succession rights. 
• Management Privileges: Women hold sole authority over the management of their stridhan property, including possession and expenditure, aligned with their preferences. 
• Alienation Rights: Female owners, despite having limited estate rights, possess the power of alienation under certain circumstances, such as legal necessity, estate benefit, or religious duties. 
• Surrender Options: Women can voluntarily surrender their stridhan during their lifetime or through death, transferring it to their nearest successor. However, specific preconditions must be met for a valid surrender. 

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Stridhan Vs Dowry 

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