The Supreme Court has said a woman is the sole owner of her ‘streedhan,’ which includes gold ornaments and other assets given by her parents at the time of marriage. The court reportedly clarified that after a divorce, her father has no authority to demand the return of those gifts from her former in-laws.
This ruling, according to a TOI report, emerged from a case where a father of a woman married in December 1999 sought the return of his daughter’s streedhan three years after her remarriage. The daughter filed for divorce after 16 years of marriage, and the divorce was granted by mutual consent in February 2016 by a Louis County Circuit Court in Missouri. She remarried in May 2018.
The Supreme Court quashed the case, stating that a woman exercises absolute ownership over her streedhan, and neither her husband nor her father has any claim to it.
Justice Sanjay Karol, writing the judgment, stated, “The jurisprudence, as has been developed by this court, is unequivocal with respect to the singular right of the female (wife or former wife as the case may be) being the sole owner of ‘streedhan’.
A husband has no right, and it must then be necessarily concluded that a father, too, has no right when the daughter is alive, well and entirely capable of making decisions such as pursuing the cause of the recovery of her ‘streedhan’.”
Justice Karol also pointed out that the father initiated criminal proceedings for the recovery of streedhan more than two decades after the marriage, five years after its dissolution, and three years after his daughter’s remarriage. Another critical factor was that the father had no authorization from his daughter to initiate the action. “There is no evidence to suggest that the claimed ‘streedhan’ was in the possession of the daughter’s in-laws,” the court ruled.
What is Streedhan?
Streedhan includes various types of assets that a woman acquires through lawful means, including:
- Gifts and bequests: Assets received through gifts or inheritance from both familial and marital relations.
- Property acquired through personal effort: Assets obtained through individual endeavors, such as employment, artistic pursuits, or mechanical art.
- Assets purchased with streedhan funds: Any property acquired using funds from streedhan sources.
- Property obtained through various means: This includes property acquired through compromise, adverse possession, inheritance, or as a share in a partition.
Protecting Streedhan
Women are advised to maintain a detailed inventory of streedhan, including photographs, digital records, and receipts, which can serve as evidence in legal disputes. “As a matter of principle, they should have absolute custody of streedhan. If not, they must be aware of where it is stored and by whom, to prevent any misappropriation,” says Ankur Mahindro, managing partner at Kred Jure.
Further protection can be ensured by storing valuables in bank lockers opened in the woman’s name. “Consider drafting a prenuptial agreement or a separate legal document outlining the specifics of streedhan and its management,” suggests Razvi.
Legal provisions, such as Section 406 of the Indian Penal Code, allow a woman to seek punishment for the criminal breach of trust if her streedhan is not returned to her. This can result in imprisonment, a fine, or both.
In case of disputes, the responsibility of proving ownership of streedhan typically lies with the woman asserting her claim. Similar protections exist across various religions, like the Islamic provision of mehr, which serves as the wife’s financial security.