Yes. A woman can claim her streedhan (bridal gifts, jewelry, valuables, or property given to her before, during, or after marriage) back during matrimonial disputes, and the husband or his family members are legally bound to return it. Under Indian law, streedhan is the exclusive property of the woman, and even if it is in the custody of her husband or in-laws, they are only trustees or custodians. Refusal to return streedhan is treated as criminal breach of trust under Section 406 of the Indian Penal Code (IPC), and the woman can also seek remedies under the Protection of Women from Domestic Violence Act, 2005 (DV Act).
Legal Meaning of Streedhan
- Streedhan refers to all movable and immovable property, gifts, cash, or valuables given to the woman by her parents, relatives, friends, or in-laws at the time of marriage, before marriage, or during the course of the marriage.
- It includes jewelry, clothes, money, land, fixed deposits, household articles, and other valuables given exclusively for the woman’s use.
- The Supreme Court in Pratibha Rani v. Suraj Kumar (1985) held that streedhan is the woman’s absolute property and she can demand its return at any time, even after separation or divorce.
Relevant Legal Provisions
- Section 14 of the Hindu Succession Act, 1956
- Any property possessed by a Hindu female, whether acquired before or after marriage, becomes her absolute property.
- Section 406 IPC – Criminal Breach of Trust
- If a husband or in-laws dishonestly misappropriate or refuse to return streedhan, they can be prosecuted.
- Punishment: Imprisonment up to three years or fine, or both.
- Section 498A IPC / Section 85 of the Bharatiya Nyaya Sanhita (BNS)
- Cruelty to a woman, including harassment for dowry or misappropriation of streedhan, is punishable.
- Section 12 of the Protection of Women from Domestic Violence Act, 2005
- A woman can file an application before the Magistrate seeking return of her streedhan.
- The court can order the husband or in-laws to return the articles immediately.
Procedure to Claim Streedhan
- Filing a Criminal Complaint
- The woman can file a complaint under Section 406 IPC with the local police station.
- She can also include Section 498A IPC if cruelty or harassment is involved.
- Approach the Court Under DV Act
- File an application under Section 12 of the DV Act before the Magistrate.
- The court can pass a protection order and compensation order for return of streedhan.
- Evidence Required
- Bills, invoices, photographs, wedding invitation cards, or witness statements proving the gifts/articles belonged to the woman.
- Execution of the Court’s Order
- If the order is passed but not complied with, she can seek execution proceedings or request the court to take coercive action, including issuance of a warrant.
Important Case Laws
- Pratibha Rani v. Suraj Kumar (1985) – SC held that streedhan is the absolute property of the woman, and its misappropriation amounts to criminal breach of trust.
- Kalyani v. State of Maharashtra (1981) – Court recognized that even if the woman is living with her husband, she has an independent right to her streedhan.
- Rashmi Kumar v. Mahesh Kumar Bhada (1997) – Refusal to return streedhan constitutes an offence under Section 406 IPC.
FAQs Related to Streedhan During Matrimonial Disputes
Q1. What if my husband claims that the gifts were given to him and not to me?
If the gifts were intended for your personal use, they are considered streedhan. The intention of the giver and the nature of the article determine ownership.
Q2. Can I claim streedhan during divorce proceedings?
Yes. You can claim streedhan either separately through a criminal complaint or as part of the divorce proceedings under the DV Act.
Q3. What if my streedhan is in my mother-in-law’s locker?
Even if the articles are kept with in-laws, they are only custodians. They are legally bound to return them upon demand.
Q4. Is dowry the same as streedhan?
No. Dowry is any property or valuable security demanded by the husband or his family in connection with the marriage, which is illegal. Streedhan consists of voluntary gifts given to the woman.
Q5. Can I recover my streedhan if my husband and I are still living together?
Yes. The right to streedhan exists independent of marital status or cohabitation.
Q6. How long after separation can I claim streedhan?
There is no strict time limit, but it is advisable to claim it as soon as possible to avoid evidentiary issues.
Conclusion
A woman’s streedhan is her absolute property under Indian law, and she can demand its return at any stage, whether during the marriage, separation, or after divorce. If the husband or his family members refuse to return it, she can initiate both criminal and civil proceedings under Section 406 IPC, Section 498A IPC (or Section 85 BNS), and the Domestic Violence Act, 2005. Courts have consistently upheld a woman’s exclusive ownership over her streedhan and treated its wrongful retention as a punishable offence.
Important: Kindly Refer New Corresponding Sections of Bharatiya Nyaya Sanhita 2023, (BNS); Bharatiya Nagarik Suraksha Sanhita 2023, (BNSS); & Bharatiya Sakshya Adhiniyam 2023, (BSA) for IPC; CrPC & IEA used in the article.
Disclaimer: This information is intended for general guidance only and does not constitute legal advice. Please consult with a qualified lawyer for personalized advice specific to your situation.
Adcocate J.S. Rohilla (Civil & Criminal Lawyer in Indore)
Contact: 88271 22304