Stri Dhan Belongs To The Wife Only

In a landmark judgement, the Supreme Court of India recently ruled that a husband has no control over the 'stridhan' of his wife. Stridhan refers to the movable and immovable property that a woman receives at the time of her marriage, whether received as a gift or inheritance.

The Supreme Court held that a husband cannot use his power and control over his wife to strip her of her property without her consent. Such conduct will amount to "cruelty" under the anti-dowry law. This progressive ruling aims to empower married women with exclusive rights over their assets and prevent marital abuse.

What Is Stridhan?

Stridhan is a combination of two Sanskrit words: "Stri," meaning woman or wife, and "Dhan," which refers to property or assets.

As per ancient Hindu scriptures and modern customary laws, it constitutes the following assets gifted to a woman:

• Gifts received from relatives at the time of her wedding.

• Gifts given to her on subsequent occasions after marriage by relatives.

• She inherited the property after the death of her parents, even after marriage.

• Property or money earned by the woman through her skills and hard work.

• Insurance or fixed deposits in her name.

The concept thus covers all movable and immovable assets that a married woman receives, either before, at the time of, or after her wedding, from various sources. She is the absolute owner of these assets and has the full right to use or dispose of them at her discretion without any external influence.

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Application Of Stridhan Under Allied Laws

Stridhan law is implemented through various other related laws of the Indian constitution. The major laws are:

• Hindu Succession Act, 1956 (Section 14): Section 14 ensures that any property acquired by a woman irrespective of her marital status is hers only. She can decide to do whatever she wishes with the property without consulting with anyone.

• Hindu Marriage Act, 1955 (Section 27): This section states that women are entitled to get back their possessions as part of their Stridhan after divorce or marital disputes.

• Dowry Prohibition Act, 1961: This act draws a difference between Dowry and Stridhan. Properties under Stridhan law are returnable to women in cases of marital disputes or the women’s wishes.

• Protection of Women from Domestic Violence Act, 2005: Under this law, women can seek protection from domestic violence when it comes to the use of their Stridhan.

Also read: Usha Kiran Yojana Scheme- Protects Women Against Domestic Violence

Legal Status Of Stridhan In India

Stridhan law holds a special place in Indian law. As per the Hindu Succession Act, 1956 (Section 14), property possessed by a woman irrespective of her marital status is considered hers only. This clarifies that Stridhan cannot be claimed by anyone other than the woman herself.

The Indian judiciary also places a special emphasis on the Stridhan law and differentiates it from shared marital property. However, misuse of Stridhan without the woman’s consent is a punishable offence under Section 405/406 of the Indian Penal Code. The Stridhan law was established to protect women and ensure their safety.

Difference Between Stridhan & Dowry

Aspect

Stridhan

Dowry

Meaning

Property, gifts, and assets given to women during or after marriage by family or friends.

Money, goods, or property demanded by the groom or his family as a condition for marriage.

Legal status

Legal

Illegal under the Dowry Prohibition Act, 1961

Ownership

Solely of the woman

Not the woman’s property

Legal protections

Protection by laws like the Hindu Succession Act, 1956 (Section 14) and Section 406 of the IPC.

Protection under the Dowry Prohibition Act, 1961

Punishment

Women can file civil and criminal complaints

Punishable under the Dowry Prohibition Act, 1961

What Is The Supreme Court’s Ruling Upholding Women's Rights Over Stridhan?

The recent SC ruling came in response to a case where a husband had withdrawn substantial funds from his wife's bank accounts without her consent. When she filed for judicial separation and sought the return of money, he alleged these accounts were held jointly, and being the primary earning member, he had full control over the funds.

Setting aside the regressive view, the Supreme Court bench upheld the exclusive ownership rights of the woman, ruled the money constituted her stridhan, and directed the husband to return the entire sum. Failure to do so within the stipulated time would attract interest penalties and proceedings under anti-dowry harassment laws.

The court relied on the provisions of the Hindu Succession Act and held that stridhan is the exclusive property of the woman, which she alone has absolute rights over. No one, including her husband, can access it without her consent. Any unauthorised withdrawal amounts to a criminal breach of trust and cruelty punishable under the law.

Wider Social Implications of Protecting Women's Stridhan Rights

• This progressive ruling comes at a time when Indian women are stepping out and earning at par with men across corporate roles. However, deep-rooted patriarchy and gender bias still threaten their financial autonomy.

• 1 in 3 women suffer domestic abuse related to dowry harassment throughout their marriage, as per National Family Health Survey statistics. By upholding legal protection over stridhan, courts have taken a definitive stand to remedy this social evil.

• Recognising exclusive ownership rights boosts women's financial confidence while preserving their savings for children and families during a crisis. It prevents reckless misuse of funds by alcoholic or gambling-addict husbands, thereby securing household welfare.

• Moreover, the legal precedent will have a strong deterrent effect and ensure husbands handle wives' money matters with due sensitivity. It will shift cultural attitudes that view women as subordinate citizens without agency over personal assets.

Read more: Providing Support To Women Facing Violence with One-Stop Centre

Takeaway

Such judgments advancing gender justice lend momentum to progressive law reforms to safeguard women’s rights as well as push forward a safer and more inclusive society, which changes society to see things from a perspective that is woke and different from the ones preceding before.

Learn the entire case details and the verdict of the Supreme Court here.