Current Affairs

Source: Supreme Court

Why in News?

Recently, the Supreme Court in the matter of Maya Gopinathan v. Anoop S.B. has restated that stridhan is an absolute property of a woman, and while the husband has no control over the same, he can use it in times of distress.

What was the Background of Maya Gopinathan v. Anoop S.B. Case?

• In this case, the marriage of the appellant and first respondent was solemnized according to Hindu rites and customs on 4^th May 2003.
• According to the appellant, 89 sovereigns of gold were gifted to her by her family at the time of marriage.
• Additionally, after the wedding, the appellant’s father handed over to the first respondent a sum of Rs. 2,00,000/-.
• According to the appellant, the first respondent took custody of all her jewellery and entrusted the same to the second respondent under the garb of safekeeping.
• It was also the case of the appellant that all such jewellery stood misappropriated by the respondents to discharge their pre-existing financial liabilities.
• In 2009, the appellant filed a petition before the Family Court for the recovery of the value of jewellery, and the amount of Rs. 2,00,000/-.
• The appellant also filed a petition for dissolution of marriage.
• The Family Court held that the respondents had indeed misappropriated the appellant’s gold jewellery and that she was entitled to recoup the loss caused to her by the said misappropriation.
• Aggrieved by the order of the Family Court, the respondents filed an appeal before the High Court of Kerala.
• The High Court partly allowed the appeal of the respondents and set aside the relief granted to the appellant by the Family Court.
• Thereafter, the present appeal has been filed before the Supreme Court assailing the final judgment of the High Court.
• The Supreme Court allowed the appeal.

What were the Court’s Observations?

• A Bench of Justices Sanjiv Khanna and Dipankar Datta observed that stridhan is an absolute property of a woman, and while the husband has no control over the same, he can use it in times of distress. Nevertheless, he has a moral obligation to restore the same or its value to his wife.
• The Court referred to the judgement given in the case of Rashmi Kumar v. Mahesh Kumar Bhada (1997).
  • In this case, the Supreme Court held that stridhan property does not become a joint property of the wife and the husband. The latter has no title or independent dominion over the property.

What is the Concept of Stridhan?

About:

• The word Stridhan has been derived from the words ‘Stri’ meaning a woman and the word ‘dhana’ means property.
• Stridhan is whatever a women receives during her life time.
• It includes all movable, immovable property gifts etc. received by women prior to marriage, at the time of marriage, during childbirth and during her widowhood.
• Stridhan differs from Dowry in the way that it is the voluntary gift given to a woman before or after her marriage and has no element of coercion.
• Women have an absolute right over their Stridhan.

Composition of Stridhan:

• Stridhan comprises of the following:
  • Gifts made before the nuptial fire.
  • Gifts made at the bridal procession.
  • Gifts made in token of love, that is, those made by her father-in-law and mother-in-law and other elders.
  • Gifts made by the father of the bride.
  • Gifts made by the mother of the bride.
  • Gifts made by the brother of the bride.

Laws Relating to Stridhan:

• A woman’s right to her Stridhan is protected under law Section14 of the Hindu Succession Act, 1956 r/w Section 27 of the Hindu Marriage Act, 1955 , “even if it is placed in the custody of her husband or her in-laws, they would be deemed to be trustees and bound to return the same if and when demanded by her.
• Section 12 of the Domestic Violence Act, 2005 provides for women right to her Stridhan in cases where she is a victim of domestic violence. The provisions of this law can be easily invoked for the recovery of Stridhan.The magistrate may direct the respondent to return to the possession of the aggrieved person her Stridhan or any other property or valuable security to which she is entitled.