'Stridhan' is a traditional concept in Indian Hindu Society which has been derived from two Sanskrit words 'Stri' and 'dhan' which means 'Woman's property'. Usually, stridhan is passed from mother to daughter, unless the woman decides otherwise. Besides the ornaments and trousseau given at marriage, stridhan also includes all the gifts of money, property, jewellery and so on received by the woman before, during and after marriage from her family, her husband's family, friends and even strangers. It includes property inherited by the woman from her family or husband's family; property received by her under a compromise, adverse possession or in lieu of maintenance; property obtained in partition; and property bought using proceeds from stridhan. However, gifts to the husband by the woman or her relatives will not be part of her stridhan.
Protection of Stridhan
A woman's right to her stridhan is protected under law. Section 14 of the Hindu Succession Act, 1956 read with Section 27 of the Hindu Marriage Act, 1955 make a female Hindu an absolute owner of such property. In the case of Pratibha Rani v. Suraj Kumar, 1985 (2) SCC 370 the Supreme Court of India explained the concept of 'Stridhan' and its legal position under the Indian Laws. The Supreme Court of India held that "a Hindu married woman is the absolute owner of her stridhan property and can deal with it in any manner she likes and, 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".
It is, therefore, manifest that the position of stridhan of a Hindu married woman's property during coverture is absolutely clear and unambiguous; she is the absolute owner of such property and can deal with it in any manner she likes-she may spend the whole of it or give it away at her own pleasure by gift or will without any reference to her husband. Ordinarily, the husband has no right or interest in it with the sole exception that in times of extreme distress, as in famine, illness or the like, the husband can utilize it but he is morally bound to restore it or its value when he is able to do so. This right is purely personal to the husband and the property so received by him in marriage cannot be proceeded against even in execution of a decree for debt, such being the nature and character of stridhan of a woman.
If her husband or any other member of his family who are in possession of such property, dishonestly misappropriate or refuse to return the same, they may be liable to punishment for the offence of criminal breach of trust under sections 405 and 406 IPC.
Precautions: Women who wish to protect their stridhan rights must take precautionary steps.
- Make a list of the gifts and/or properties received before, during and after marriage from your family, your husband's family, friends and other acquaintances.
- Keep evidence for the gifts received by you such as wedding pictures. Also, ensure that the gifts and their bills are in your name and preserve these bills.
- Have witnesses - statements of witnesses will be important evidence - for gifts of movables (including jewellery) at the time of marriage.
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