Streedhan
rimi
(Querist) 07 April 2015
This query is : Resolved
is the gift/furniture given by husband ,purchased by husband from money paid in cash, but gifted to wife on anniversary come under streedhan or not?
during recovery of streedhan if gold was purchased 5-10 years before marriage then how will the value be determined, at present cost or the cost at time of billing? what about vat and making charges? please enlighten as really confused?
Devajyoti Barman
(Expert) 07 April 2015
Yes, it comes under stridhan.
Present cost would be considered.
No threadbare calculation like vat charges is permissible.
M/s. Y-not legal services
(Expert) 07 April 2015
Sridhan is a custom which will be deferred between people's and locality..
And sridhan mean which things and articles given to the bride by her family at the time of marriage..
If anything given by the husband mean its will not considered as sridhan. It is just gift. Not amount as sridhan
Sudhir Kumar, Advocate
(Expert) 08 April 2015
please come with full facts.
On the basis of given facts I tend to agree with Mr Barman.
SAINATH DEVALLA
(Expert) 08 April 2015
Nothing more to add for the time being
Rajendra K Goyal
(Expert) 08 April 2015
Under the given facts agree with the expert Devajyoti Barman.
M/s. Y-not legal services
(Expert) 08 April 2015
dear advocate brothers., pleas explain that how a property which was purchased by husband can be treated as sridhan?
i have negative stand with my brother mr.bharman. but all of you friends agreed with mr.bharman..
can we discuss?
M/s. Y-not legal services
(Expert) 08 April 2015
Among Hindus, it is interpreted in various ways; in general, stridhan is defined as that portion of a woman’s wealth over which she alone has the power to sell, gift, mortgage, lease or exchange — whole or in parts. Usually, stridhan is passed from mother to daughter, unless the woman decides otherwise. Any dues from her can also be recovered from her stridhan.
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.
sources through a previous thread answer our expert friend mr.vishal
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.
M/s. Y-not legal services
(Expert) 08 April 2015
Streedhan – The Right Of Woman
January 30, 2015 by amoolya Leave a Comment
Vaibhav Dixit
RMLNLU, Lucknow
“Editor’s Note: The paper is on the topic of Streedhan. Streedhan is the property that a woman obtains at the time of her marriage, it differs from Dowry in the way that it is the voluntary gifts given to a woman before or after her marriage and has no element of coercion. The Courts have also made this distinction clear. Women have an absolute right over their Streedhan. The case of Pratibha Rani v. Suraj Kumar Case is also discussed.”
INTRODUCTION
One of the most widespread social evil that has plagued our modern society is the ‘dowry system’. This evil has already taken the lives of many girls while many continue to suffer because of it like slow poison throughout their lives. Even though we have to great extent succeeded in creating awareness, the country in which we live has wide ethnic, linguistic, cultural diversities. As such in our society people may not pay heed to the calls of any particular organization when it comes to the eradication of social evils. It is, therefore, important that the task to remove these evils is carried forward at the individual level in a big way.
However there is one more aspect which we need to understand and that involves the right to avail ‘Streedhan’. We should be careful that even if dowry is denied, the bride does not lose her right to ‘Streedhan’ and in places where she has received the ‘Streedhan, her husband does not absorb it as his own money. There is a basic difference between ‘Streedhan’ and ‘dowry’ It is pertinent to mention here that under the pretext of a dowry-less marriage, patriarchal parents often deprive their girl children of equal rights to property. The parents should give the daughter’s share of property in her name voluntarily to ensure financial security for an independent life, once she leaves her parental home for good. In many well-off families, dowry has become a tool to deprive daughters of their rightful share with a car, some gold and some furniture while the lion’s share including land, houses, and bank balances etc. are kept exclusively for the benefit of sons[1].
CONSTITUENTS OF STREEDHAN
The word ‘’Streedhan’ has been derived from the words ‘Stri’ meaning a woman and the word ‘dhana’ means property. Therefore on combining these two words we get ‘property of woman’ her ‘Streedhan’. This is a concept, which came down all the centuries from the Hindu Smritis but has today, engulfed all forms of marriages in all visible castes and regions.
According to the age old Smritis and all old schools of Hindu law such as Dayabhaga, Mitakshara etc. the following was Streedhan in the hands of a woman whether she is a maiden, married woman or widow[2].
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, mother and brother
This cannot be said to be a complete 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. The question as to if a particular kind of property acquired by a woman was Streedhan or not also depended upon the source from which the property was acquired, the marital status of woman 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 to be construed as her Streedhan. Gifts and bequests from strangers during maidenhood, subsistence of marriage or widowhood is also Streedhan. In effecting Partition if as an absolute gift or interest in a share is given to a woman whether during her maidenhood, marriage or widowhood the same amounts to her Streedhan. Property inherited by a woman becomes her Streedhan or property acquired by a woman by mechanical arts or by her own exertions during maidenhood, subsistence of marriage and during widowhood is Streedhan. Property obtained by a woman by compromise or family arrangement where there is no presumption of her taking only a life interest, becomes her Streedhan[3]. Property obtained by a woman by adverse possession during maidenhood, subsistence of marriage and during widowhood is Streedhan. Property purchased with Streedhan is a woman’s Streedhan. Gifts made to husband during and after marriage are not Streedhan. In case of a dispute over who were the gifts made to, more often than not woman is given a priority over the husband.
For a married woman Streedhan falls under two heads[4]:
The saudayika(gifts of love and affection) – gifts received by a woman from relations on both sides (parents and in-laws).
The non-saudayika- all other types of Streedhan such as gifts from stranger, property acquired by self-exertion or the mechanical arts.
SOURCES THROUGH LAWCTOPUS LAW JOURNAL
M/s. Y-not legal services
(Expert) 08 April 2015
LEGAL STATUS OF STREEDHAN
Application u/s. 405 of IPC
The s. 405 of IPC reads as follows:
“Whoever, being in any manner entrusted with property, or with any dominion over property, dishonestly misappropriates or converts to his own use that property, or dishonestly uses or disposes of that property in violation of any direction of law prescribing the mode in which such trust is to be discharged, or of any legal contract, express or implied, which he has made touching the discharge of such trust, or willfully suffers any other person so to do, commits ‘criminal breach of trust.
The offence under section 405 can be said to have committed only when all of its essential ingredients are found to have been satisfied. As in the case of criminal misappropriation, even a temporary misappropriation could be sufficient to warrant conviction under this section. Even if the accused intended to restore the property in future, at the time misappropriation, it is a criminal breach of trust[8].
In Rashmi Kumar vs. Mahesh Kumar Bhada[9] the Supreme Court held that when the wife entrusts her Streedhan property with the dominion over that property to her husband or any other member of the family and the husband or such other member of the family dishonestly misappropriates or converts to his own use that property, or willfully suffers and other person to do so, he commits criminal breach of trust.
Application under allied laws
A woman’s right to her Streedhan is protected under law. S. 14 of the Hindu Succession Act, 1956 R/w S. 27 of the Hindu Marriage Act, 1955 make a female Hindu an absolute owner of such property. In the case of Pratibha Rani vs. Suraj Kumar[10], the Hon’ble Supreme Court of India explained the concept of ‘Streedhan’ and its legal position under the Indian Laws. The Hon’ble Supreme Court of India held that:
“a Hindu married woman is the absolute owner of her Streedhan 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 Streedhan of a Hindu married woman’s property during covertures 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 Streedhan of a woman[11]. 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 S. 405 & 406 IPC.
12 of the Domestic Violence Act, 2005 provides for women right to her Streedhan in cases where she is a victim of domestic violence. The provisions of this law can be easily invoked for recovery of Streedhan. Under the residence orders: Prov. (8) the magistrate may direct the respondent to return to the possession of the aggrieved person her Streedhan or any other property or valuable security to which she is entitled.
Again u/s 18(ii) of the Domestic Violence Act the law says that a woman is entitled to receive the possession of the Streedhan, jewellery, clothes and other necessary items. The term ‘economic abuse’ has also been provided under the Act. It includes deprivation of all or any economic or financial resources to which the woman is entitled under al the existing customary laws whether payable at the concern of the court or in any other manner. These resources are however not limited to the household necessities of the aggrieved person.
Application u/s. 498A of IPC not valid
For recovering the Streedhan, if a woman invokes S.498-A, it would be deemed as miss-use of that section until the ingredients laid down in that provision are not satisfied. This is the reason why Courts are continuously warning the estranged wife not to invoke S.498- A. Section 498-A is a sacrosanct provision to protect the wife to lead normal life in matrimonial home in the new and often foreign and sometimes hostile atmosphere. If wife’s ‘Streedhan’ is usurped by the in-laws, then section 406 I.P.C can be used easily. S.498-A is meant to protect the wives from physical and mental harassment for any reason including the reason of dowry demand. It does not say, that refusal of returning Streedhan by husband or his relatives give scope to a wife to invoke S.498-A. Even civil law suit for recovery of Streedhan can also be used by the wife to recover Streedhan. If invoking Section 406 is utilized to recover Streedhan and further it is used only to protect the wives, who are facing physical and/or mental harassment, then genuine victims will get protection[12]. It should be noted that for recovery of Streedhan there are other provisions in law, which are equally effective and may not spoil the relationship of husband and wife beyond repair.
RIGHTS OF A WOMAN OVER HER STREEDHAN
The bride has got an absolute, exclusive dominion over all her Streedhan, received during the marriage. This includes both movable and immovable property, while she has the power to sell, alienate or give it away as she pleases both during her lifetime and thereafter. Her husband and in-law’s family members have no rights over a woman’s Streedhan. We need to understand that the marriage expenses and dowry are not Streedhan as held in Ashok Laxman Kale vs Ujwala Ashok Kale[13].
It is usually practical and preferable that any girl especially educated girls of today maintain a list of their Streedhan has also become capable of looking after their own Streedhan in terms of its security such as opening a bank locker in their single names for the purposes of storing jewellery and instruments of money, property etc. or keeping it under their lock and key[14].
Some of the precautionary steps in keeping the check on the Streedhan could involve:
The woman should make a list of all the gifts and properties received before, during and after marriage from her family, husband’s family, friends and other acquaintances.
The woman should keep evidence for all the gifts received such as wedding pictures. Also, ensure that the gifts and their bills are in her name and preserve these bills.
The woman should have witnesses – statements of witnesses will be important evidence – for gifts of movables (including jewellery) at the time of marriage.
The woman should maintain a separate account in her name for her salary.
The woman should get involved in the family financial decision-making and keep a record of bank accounts and the investments made out of her Streedhan.
The woman should ensure that the title to the property given to her and those bought from her Streedhan are clear and that the investments made from these assets are in her name.
The woman should open a bank locker in her name for storing jewellery and instruments of money, property and so on.
It is advisable for the woman’s parents to gift her income-generating property, rather than expensive consumer items. It becomes often difficult to give full detail accounts for the consumer items[15].
STREEDHAN AND TAXATION LAWS
Streedhan that has been given by a woman’s close relatives, to a certain amount, at the time of marriage, are not attracted by Wealth Tax. The ‘Streedhan’ must be without any consideration in return thereof. It should be written and signed by both parties meaning thereby that the person giving it and the person receiving it in the presence of witnesses. However, Streedhan (gift) from persons other than relatives are liable for income tax at the hand of bride and bride-groom. The High Court of New Delhi in a very important case of Ashoke Chadha v. IOT[16], has held that ‘Streedhan’ in the form of jewellary given over a span of 25 years cannot be said to be an unexplained investment u/s. 69A of Income Tax Act, 1961. It is a very normal feature in India, for women to receive jewellary in form of gifts on various occasions during child-birth and marriage and as such such a large amount of jewellary cannot held to be abnormal.
Guest
(Expert) 09 April 2015
Well advised.
Guest
(Expert) 09 April 2015
You are welcome Mr. Thangapandian.
T. Kalaiselvan, Advocate
(Expert) 11 April 2015
I agree to the views and opinions of expert Mr. Thangapandian and also appreciate his efforts for straining to give the elaborate details in this regard.
