Stridhan
Querist :
Anonymous
(Querist) 18 November 2011
This query is : Resolved
What according to supreme court is Stridhan..
1. Articles given to girl by her parents ?
2. Articles given to boy by girl's parents ?
3. Articles given to girl by boy's parents ?
4. Articles given to boy by his parents ?
5. Articles given to girl/boy on engagement ceremony ?
6. Articles given to girl/boy on any function occasion after marriage ?
7. 406 IPC is fired on boys for which type of articles.. The articles given to girl or boy and before marriage or after marriage.
plz. suggest
A V Vishal
(Expert) 18 November 2011
According to the age old smritis and all old schools of Hindu law such as Dayabhaga, Mitakshara etc. the following was Stridhan in the hands of a woman be it a maiden, married woman or widow.
Gifts made to a woman before the nuptial fire.
Gifts made to a woman at the bridal procession
Gifts made in token of love by father-in-law, mother-in-law
Gifts made by father
Gifts made by mother
Gifts made by brother
This was not an exhaustive list so gifts made after marriage by a woman's husband's relations or parent's relations and gifts from sons and relations got added to the list as so did many more as can be seen here.
Whether a particular kind of property acquired by a woman was Stridhan or not depended on the source from which the property was acquired and her status at the time of acquisition whether she acquired it during her maidenhood, subsistence of marriage or widowhood.
Gifts and bequests from a woman's relations during maidenhood, subsistence of marriage or widowhood is all Stridhan.
Gifts and bequests from strangers during maidenhood, subsistence of marriage or widowhood is all Stridhan.
In effecting Partition if as an absolute gift or interest a share is given to a woman whether during her maidenhood, marriage or widowhood the same amounts to her stridhan.
Property inherited by a woman becomes her stridhan.
Property acquired by a woman by mechanical arts or by her own exertions during maidenhood, subsistence of marriage and during widowhood is Stridhan.
Property obtained by a woman by compromise or family arrangement where there is no presumption of her taking only a life interest, becomes her Stridhan.
Property obtained by a woman by adverse possession during maidenhood, subsistence of marriage and during widowhood is Stridhan.
Property purchased with Stridhan is a woman's Stridhan.
The woman has an absolute, exclusive dominion over all her Stridhan including movable and immovable property and has the power to sell, alienate or give it away as she pleases both during her lifetime and thereafter. Her husband and / or his family members have no rights over a woman's Stridhan.
Nadeem Qureshi
(Expert) 18 November 2011
Any property or valuable given to a woman at the time of her marriage or during the
marriage ceremony, any property conferred on her by way of a will, any gift given to her
by her parents, siblings and in-laws are all part of the woman’s property (Stridhan). She
is the rightful owner of all such property and her husband or his relatives have no right
over such property. With a view to avoiding any likely future dispute regarding stridhan
property, the Dowry Prohibition Act, 1961 has provided that the presents made at the
time of marriage should be entered in the list to be maintained in accordance with the
rules made under the Act
The Supreme Court in Prathibha Rani Vs Suraj Kumar (AIR 1985 SC 628) has observed
that stridhan property of a married woman, even if it is placed in the custody of her
husband or in-laws, they would be deemed to be trustees and therefore are bound to
return the same when demanded by her.
A person who denies a woman her dowry-property or stridhan as explained above is
guilty of the offence of criminal breach of trust u/s 405/406 of the IPC.
The offence of criminal breach of trust is punishable with imprisonment up to 3 years or
fine or both.
It is a cognizable, compoundable (up to Rs.250 only) and a non-bailable offence.
ajay sethi
(Expert) 18 November 2011
agree with experts
Shonee Kapoor
(Expert) 18 November 2011
Though I agree with experts on the definition, however, I am mentioning in your query what is Stridhan and what is not
1. Articles given to girl by her parents?
YES IT IS STRIDHAN.
2. Articles given to boy by girl's parents?
IT IS GIFT IF GIVEN VOLUNTARILY. DOWRY IF GIVEN ON DEMAND.
3. Articles given to girl by boy's parents?
YES, IT IS STRIDHAN.
4. Articles given to boy by his parents?
GIFT.
5. Articles given to girl/boy on engagement ceremony?
FOR JOINT USAGE OF SOLE USAGE OF THE GIRL - STRIDHAN
FOR SOLE USAGE OF BOY - GIFT
6. Articles given to girl/boy on any function occasion after marriage?
FOR JOINT USAGE OF SOLE USAGE OF THE GIRL - STRIDHAN
FOR SOLE USAGE OF BOY - GIFT
7. 406 IPC is fired on boys for which type of articles.. The articles given to girl or boy and before marriage or after marriage.
FOR STRIDHAN ARTICLES AND DOWRY ARTICLES.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Sankaranarayanan
(Expert) 18 November 2011
go to the bellow citation it will give answer to your query .Prathibha Rani Vs Suraj Kumar (AIR 1985 SC 628)
prabhakar singh
(Expert) 18 November 2011
Although there are so many judgments even by the supreme court on point of STRIDHAN but the judgement provided to by Mr. sankar narayanan is not only very lucid but also very classic.
Querist :
Anonymous
(Querist) 18 November 2011
Thankx all
Devajyoti Barman
(Expert) 22 November 2011
It really looks like a tutorial class.
