'Streedhan' belongs to wife, husband has no right over it: SC

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• Apr 26, 2024 | Pinaki Goswami

The judgment emphasizes the importance of trust and mutual respect in marital relationships...

Digital Desk: The Supreme Court of India recently reaffirmed a fundamental principle regarding a woman's property rights, emphasizing that a husband has no control over his wife's 'streedhan' (woman's property). This significant ruling came in response to a case where a woman claimed that her husband and his mother misappropriated her gold jewelry, which was given to her by her family at the time of marriage.

According to the woman, her husband took custody of all her jewelry on the first night of their marriage, entrusting it to his mother for safekeeping. Subsequently, the woman alleged that the jewelry was misappropriated to settle the pre-existing financial liabilities of the husband and his mother.

The Family Court, recognizing the woman's entitlement to her streedhan property, ruled in her favor. However, the Kerala High Court partly set aside the relief granted by the Family Court, stating that the woman had failed to establish misappropriation.

Dissatisfied with the High Court's decision, the woman appealed to the Supreme Court, which upheld her claim. The apex court emphasized that streedhan property remains the absolute property of the wife, and the husband has no control over it. While the husband may use it during times of distress, he has a moral obligation to return it or its value to his wife.

Furthermore, the Supreme Court highlighted the complexity of matrimonial matters and the importance of mutual trust between spouses. It criticized the High Court for doubting the woman's bona fides and failing to draw the correct inferences from the facts.

In light of the passage of time, the escalation in the cost of living, and considerations of equity and justice, the Supreme Court invoked Article 142 of the Constitution of India to award the woman a sum of ₹25,00,000 in compensation for her lost streedhan.

This ruling not only reaffirms the legal principle regarding streedhan property but also underscores the court's commitment to protecting women's rights within marriage. It serves as a reminder that women should not be deprived of their rightful property and that husbands have a moral duty to respect and uphold their wives' property rights.

Moreover, the judgment emphasizes the importance of trust and mutual respect in marital relationships. It sends a clear message that any attempt to deprive a woman of her streedhan will not be tolerated by the judiciary, and appropriate remedies will be provided to ensure justice is served.

Overall, the Supreme Court's decision sets a precedent for the protection of women's property rights and serves as a beacon of hope for women seeking justice in cases of marital disputes involving streedhan. It reinforces the principle of gender equality enshrined in the Indian Constitution and reaffirms the judiciary's role in upholding and safeguarding fundamental rights.