Difference b/w stridhana and dowry?
Naresh
(Querist) 05 March 2012
This query is : Resolved
Dear Experts,
Please explain what constitutes dowry and what is stridhana. Legally, how the distinction is made?
In my divorce case, the wife & her father are alleging that they have paid Rs. 4 Lac as stridhana on the demand of the petitioner and it is liable to be returned @ 14% interest.
I have the following questions on the above.
(1)"Irrespective of whether it is dowry or stridhana, they have to prove to the court, that they have indeed paid and in the absence of any material evidence court can't consider such an allegation". Please clarify me whether the above statement is correct or not?
(2)Wife side is saying that they have paid stridhana to the petitioner, but as per the definition of stridhana, it is the articles, furniture etc. given to the bride as her own property without any demand from the husband side, but on their own wish they have paid to their daughter. Is this argument correct as per the definition of stridhana and as per the law?
(3)Is it true that if they claim, they have paid cash as part of stridhana then no proof is required as per the law that is why they are saying stridhana and dowry? Please tell the difference.
(4) Can the stridhana be paid in the form of cash and it need not always be in the form of articles? please clarify
Regards
Shonee Kapoor
(Expert) 05 March 2012
Stridhana is the DHAN (Property) of the Stree (Lady). It is a Shastric concept, anything on which the lady has sole domain is called Streedhana. It includes gifts recd. by the lady from all relatives including her parents, parents-in-laws, husband etc.
Dowry is linked with demand mostly, it is a consideration paid for marriage as per Dowry Prohibition Act.
Answers to your queries:
1. YES.
2. IF IT IS NOT STREEDHAN, AS PER THEIR ALLEGATIONS IT IS DOWRY, THE WORDS ARE USED INTERCHANGABLY MANY TIMES.
3. IT STILL REQUIRES STRICT PROOF.
4. YES IT CAN BE.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Deepak Nair
(Expert) 05 March 2012
I fully endorse the views of Mr.Shonee Kapoor.
It is true that they need to prove that there was any demand for dowry/streedhan as the case may be and the money is paid to you and received by you.
It is to be noted that if they are claiming to the payment of money, then they have to show the mode in which th emoney was paid and also the sourse of such huge amount.
Guest
(Expert) 05 March 2012
Agree with Shri Shonee Kapoor.
prabhakar singh
(Expert) 12 March 2012
Mr.Shonee Kapoor has correctly guided you.
