Stridhan-women’s property

 Introduction 

Stridhan is mostly defined by just two words, "women's property". This is somewhat correct but  is very vague, not every property of the women can be called as Stridhan. The main purpose of  Stridhan is to provide sustenance and support to the women to whom the Stridhan is given. Since  ancient times, women are being suppressed for the stridhan on a large extent moreover the  property owned by the woman ultimately belonged to her husband after the marriage.  

In the year 1937, a law enacted for women called Women’s Right to Property and this was the  first step taken for women’s right although it didn’t benefit much to women. The Parliament  enacted another law called Hindu Succession Act, 1956 and according to section 14 of the Hindu  Succession Act, 1956 gives absolute rights to women. The Act was the biggest change in the  history as women had more rights and from that they could ask for remedy of it. 

Stridhan 

The word ‘Stridhan’ constitutes of two words namely, ‘stri’ meaning woman and ‘dhana’  meaning property. Stridhan is the property that is given to women at the time of her marriage. In  earlier times, when people were not aware of this term the cases of domestic violence was on  peak so the parliament has made strict laws regarding stridhan as it is the only a women’s  property. Women have an absolute right over their stridhan.  

For a married woman Stridhan falls under two heads: 

• The Saudyika(gifts of love and affection): Gifts received by a woman from relations on  both the sides (parents and in-laws) 

• The Non-saudiyaka: All other types of stridhan such as gifts from strangers, property  acquired by self-exertion or the mechanical arts. 

Difference between Dowry and Stridhan 

Dowry and stridhan are contrasting to one another. Majority of people don’t know the exact  meaning of Dowry and Stridhan and according to them they both are identical. Under the  domestic law, dowry means any property or valuable property which is given by the bride’s side  to the bridegroom’s family during or after the marriage. The main element in Dowry and  Stridhan is ‘demand, undue influence and coercion’. Usually dowry is given due to demand by  the groom’s side and stridhan need not be demanded. Something which is voluntarily given to a  female is stridhan.

Cases 

• In Bhai sher Jang Singh v. Smt. Virinder Kaur, Punjab and Haryana High Court had  ruled that the groom’s side is bound to return back all the items including, property,  ornaments, money and other belongings offered by the bride’s side at the time of marriage, if  claimed. In the case of denial, the groom’s family is tending to get strict punishment. 

• In Ashoke Chadha v. IOT, The High court in new Delhi held that ‘Stridhan’ in the form of  jeweler given over a span over 25 years cannot be said to be an unexplained investment u/s  69A of Income Tax Act,1961 

• In Pratibha Rani V. Suraj Kumar It was held that the woman is the absolute owner of her  Stridhan and she can use it the way she wants to. It also held that in ordinary circumstances,  the husband will have no right or interest in the Stridhan nonetheless in times of extreme  distress he can use that but has to restore it back when he is able to do so. This is the one of  the landmark judgment on stridhan. 

Conclusion 

Stridhan is one of the major rights of the women it is the most powerful thing in this modern era.  Before 1956 two terms were used as women’s estate and stridhan they have limited rights at that  time. The husband has the limited right over it and can use it during an emergency. Thus,  Marriage expenses and dowry are not stridhan.

-Isha Singh 

IMS Law College, Noida