Stridhan

The word ''Stridhan ' is, derived from the words "stri " meaning woman and "dhana "meaning property. Essentially a word and concept, which comes down centuries from the Hindu smritis but has today, permeated all forms of marriages in all castes and religions.

The existence of Stridhan is an ingrained part of Indian culture from times of yore. As male dominated as the society may be, the existence of the custom of 'bride price' indicates that women understood the importance of financial independence and safeguarding their interests long before the feminist movement made it popular to do so.

Mitakshara II ix, 2 defines that stridhan means woman’s property. In the entire history of Hindu Law, woman’s rights to hold and dispose of property has been recognized.

The Dayabhaga School doesn’t recognize gifts of immovable property by husband as stridhan (Banerjee, Hindu Law of Marrriage and Stridhan, Pg 321).

Under all the schools of Hindu Law payments made to a Hindu female in lump sum or periodically for her maintenance and all the arrears of such maintenance constitute stridhan. Similarly, all movable or immovable properties transferred to her by way of an absolute gift in lieu of maintenance constitute her stridhan.

A full bench in Vinod Kumar Sethi v. State of Punjab AIR 1982 P& H 372 held that dowry and traditional presents made to a wife at the time of the marriage constitute her stridhan.

Under Hindu sucession Act, there is no distinction between the gifts received by her from relatives or strangers and at any stage of her life, and all gifts that she receives will be her absolute property. Ornaments received by her at the time of her marriage are ordinarily her stridhan property.

Section 27 of the Hindu Marriage Act, 1955 says that in any proceeding under this Act, the Court may make such provisions in the decree as it thinks just and proper with respect to any property presented, at or about the time of marriage, which may belong jointly to both the husband and the wife. Refusal by husband to return the gift items given to wife at the time of marriage makes the husband liable for prosecution. The section does not bar the right of the aggrieved person to file criminal complaint under Section 406 I.P.C., if property belonging to the complainant is criminally misappropriated by the accused. The section empowers a Court while deciding a matrimonial dispute to also pass a decree in respect of property, which may jointly belong to both the husband and wife. This section at best provides a civil remedy to an aggrieved wife and does not in any way take away her right to file a criminal complaint if the property belonging to her is criminally misappropriated by her husband.

The gifts made to the girl before, during and after the marriage by the father, mother and brother present-in-law of the girl are the part of the Stridhan. Section 27 and Section 14 of the Hindu Succession Act do not abolish the concept of Stridhan. She is the absolute owner of such properties and can deal with it in any manner she likes. The husband has no right or interest in it, except that in the lines of extreme distress as in illness etc. Though the husband can utilize it but he is bound to restore it when he is able to do so. When husband refuses to return Stridhan property of wife, she can take recourse to above provisions to recover the same. These provisions provide alternate remedy to the wife apart from criminal proceedings under Section 406 of the indian penal code.