In a recent landmark judgement, the Supreme Court of India has reiterated that a woman’s stridhan is her absolute property. The ruling came in the case of Maya Gopinathan v. Anoop S.B., where it was stated that a husband does not have control over his wife’s stridhan, although he may use it during times of hardship.
The case in question revolves around a marriage that took place on May 4, 2003, following Hindu customs and rituals. The appellant, Maya Gopinathan, claimed that she received 89 sovereigns of gold from her family as a wedding gift. Furthermore, her father gave the first respondent, Anoop S.B., a sum of Rs. 2,00,000/- after the wedding.
The appellant alleged that Anoop took possession of all her jewellery and entrusted it to the second respondent for safekeeping. She further claimed that the respondents misused her jewellery to settle their pre-existing financial obligations.
In 2009, Maya filed a petition in the Family Court seeking recovery of her jewellery’s value and the amount of Rs. 2,00,000/-. She also petitioned for the dissolution of her marriage. The Family Court ruled in her favour, stating that the respondents had indeed misappropriated her gold jewellery and that she was entitled to recover the loss caused by this misappropriation.
However, the respondents appealed against the Family Court’s order in the Kerala High Court. The High Court partially allowed the respondents’ appeal and overturned the relief granted to Maya by the Family Court. Following this, Maya appealed to the Supreme Court against the High Court’s final judgement. The Supreme Court ruled in her favour.
The Supreme Court bench, comprising Justices Sanjiv Khanna and Dipankar Datta, observed that stridhan is a woman’s absolute property. While a husband has no control over it, he can use it in times of distress. However, he is morally obligated to return it or its value to his wife.
The court referred to the judgement in the case of Rashmi Kumar v. Mahesh Kumar Bhada (1997), where it was held that stridhan does not become joint property of the wife and husband. The husband has no title or independent dominion over the property.
Stridhan, derived from the words ‘Stri’ meaning woman and ‘dhana’ meaning property, is whatever a woman receives during her lifetime. It includes all movable, immovable property, gifts etc., received by a woman before marriage, at the time of marriage, during childbirth, and widowhood. Stridhan is different from dowry as it is a voluntary gift given to a woman before or after her marriage without any coercion. Women have an absolute right over their Stridhan.
The law protects a woman’s right to her Stridhan under Section 14 of the Hindu Succession Act, 1956 read with Section 27 of the Hindu Marriage Act, 1955. Even if it is in the custody of her husband or in-laws, they are considered trustees and are obligated to return it when demanded by her. Section 12 of the Domestic Violence Act, 2005 also provides for a woman’s right to her Stridhan in cases where she is a victim of domestic violence.
