Importance of “Streedhan” As Per The Supreme Court Of India
The Supreme Court (SC) recently has affirmed married women’s ownership “streedhan” on Wednesday, ruling that a husband has no rights over their wife’s assets, which they may use in an emergency but must give back to her.
A woman has complete rights over her streedhan, or gifts from parents, parents-in-law, relatives, and friends, whether they are received before, during, or after marriage.
This was stated by a bench of Justices Sanjiv Khanna and Dipankar Datta in the adjudication of a matrimonial dispute involving streedhan.
She has complete ownership of it and is free to do with it what she pleases. Her spouse has no authority over her. He has a moral duty to return it to his wife in the same condition or of greater value, even though he may utilise it in difficult circumstances.
Accordingly, the court held that the husband does not acquire title or autonomous jurisdiction over the property as its owner, nor does it become the joint property of the wife and the husband.
The court pointed out that if seed is dishonestly misappropriated, a man or member of his family could criminally breach trust charges under Section 406 of the IPC.
It further concluded that, unlike criminal cases, disputes of this nature should be resolved based on the preponderance of the probability, which tends to indicate that the truth must be more likely, rather than proof beyond a reasonable doubt.
In one instance, the woman claimed that her husband had stolen her jewels on their first day of marriage. When their marriage worsened and they chose to split up, she went to the family court to get her belongings back.
In 2009, a family court ruled in her favour and mandated that her husband give her Rs. 8.9 lacs. However, the Kerala HC overturned the decision, the court after reviewing the facts, found that the family court’s decision was correct and ordered that she be given Rs. 25 lacs.
It said that by questioning her sincerity for showing up to court later than expected, the HC misunderstood the facts.
