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

MAINTENANCE UNDER HINDU LAW

 “Maintenance” is an amount payable by the husband to his wife who is unable to maintain  herself either during the subsistence of marriage or upon separation or divorce. It is given to the  spouse to fulfill the basic needs. In this modern era of times Maintenance is also given by the  wife to his husband, if husband is unable to sustain his life. The maintenance shall be given to  the legally wedded wife. If husband is unable to maintain his wife it not a valid ground for  divorce. The main purpose of the maintenance is to maintain the standard of living as she was  before marriage.  

The three main legislations of maintenance are as follows: 

• Hindu Marriage Act, 1955 

• Hindu Adoption and Maintenance Act, 1956 

• Criminal Procedure Code, 1973 

Maintenance includes 

▪ Food, clothing, residence, medical treatment, education 

▪ In case of unmarried daughter all the expensed incurred in her marriage shall be given 

The spousal maintenance is determined on the existence of various factors by the court as  follows: 

I. The first and foremost thing is to be checked whether a spouse seeking maintenance has  any separate source of income or he/she is totally dependent on his/her spouse. II. Standard of living of both the litigating parties before separation. 

III. The Expenses required to maintain children 

IV. Requirement to maintain the same standard of living of the spouse as it was before the  separation 

V. Any skills, capabilities of the spouse etc.

The Hindu Adoption and Maintenance act lays down the provision relating to maintenance rights  of a woman under Hindu Laws. Under this act, it includes 

• The wife 

• Daughter in Law 

• Children 

• Elderly Parents 

• Other dependents have right to claim maintenance 

Types of Maintenance 

1. Temporary Maintenance (pendente lite): Temporary maintenance or interim  maintenance is the maintenance awarded by the court during the continuation of the  litigation process. Basically it is given by the either party, who is insufficient to give  litigation fees. It is mentioned in section 24 of Hindu Marriage Act, 1955. Temporary  maintenance may also be claimed under section 125 crpc. Interim maintenance has to be  disposed of within sixty days of service of notice on the respondent. 

2. Permanent Maintenance: It is the maintenance which is awarded by the court  permanently. According to section 25 of the Hindu Marriage Act, 1955, petitioner either  wife or husband is entitled to receive maintenance either monthly or gross or periodical  sum for a term not exceeding the petitioner’s lifetime. According to section 18 of Hindu  Adoption and Maintenance Act ,1956, Hindu wife shall be entitled to get maintenance from  her husband during her lifetime. While living with her husband. 

Wife also has a right to separate residence and maintenance if any of the condition in  Section 18(2) [desertion, cruelty, leprosy, any other wife/ concubine living in the same  house, conversion of religion or any other reasonable cause] is fulfilled until she remains  chaste or does not convert to other religion. Section 19 of this Act makes a provision for a  widowed wife to be maintained by her father-in-law. 

  Section 125 of Criminal Procedure Code, 1973, provides for maintenance not only to the  wife but also to child and parents. Court may order a husband who has sufficient means but  neglects or refuses to maintain his wife who is unable to maintain herself to provide  monthly maintenance to her.

Wife is not entitled to get maintenance 

• If she is living in adultery 

• If she remarries 

• If she converts into another religion 

• If she is in Live in relationship 

Cases: 

• In Shailja & Anr. v. Khobanna[ CRIMINAL APPEAL NOs. 125-126 of 2017], the  Supreme Court made a remarkable observation by stating that merely because the wife is  capable of earning it is not a reason to reduce the maintenance awarded to her and said that  whether a wife is capable of earning and is actually earning are two different factors. 

• In Padma Sharma v. Ratan lal Sharma, It was held that Hindu earning mother is also  obliged to maintain her children. Both, a Hindu Divorcee father and a Hindu divorcee  earning mother are obliged to contribute for maintenance of their children under the Hindu  Adoption and Maintenance Act, 1956. Father is not exclusively responsible to maintain  children regardless of mother being affluent. 

Conclusion 

The concept of maintenance is old but women didn’t have rights to claim her maintenance.  Section 125 of Crpc changed the concept of it. It has rights to women who are unable to maintain  herself and their children. This change has been the revolutionary change for women in India and  whenever the court talks about maintenance the shahbano’s case is the landmark judgment under  section 125 crpc.

-Isha Singh 

IMS Law College, Noida