What is isrithan?
Ranganath
(Querist) 19 January 2009
This query is : Resolved
Ld counsels, The definition of isrithan is not clear in law. Very often wife complaint misappropriation of articles gifted/entrusted by her to husband or his family. What is the case of articles entrusted by husband to her. Is it a isridhan. isridhan is what she brings/gives to matrimonial home from her side. What about articles given to her from husband side.
The popular Pratiba Rani case talks about articles given by wife to husband but not husband to wife.
http://indiankanoon.org/doc/1684706/
How come law turns a blind eye to the gifts given by husband to wife during marriage while she is not willing to live with him.
Please clarify
G. ARAVINTHAN
(Expert) 20 January 2009
Srithan property is given to Woman from their parents at the time of her marriage.. A gift given for her marriage..
sanjeev murthy desai
(Expert) 20 January 2009
Dear Mr. Ranganatha,
Mitakshara II ix, 2 difines that stridhan means woman’s property. In the entire history of Hindu Law, woman’s rights to hold and dispose of property has been recognized.
The Dayabhaga School doesn’t recognize gifts of immovable property by husband as stridhan (Banerjee, Hindu Law of Marrriage and Stridhan, Pg 321).
Under all the schools of Hindu Law payments made to a Hindu female in lump sum or periodically for her maintenance and all the arrears of such maintenance constitute stridhan. Similarly, all movable or immovable ropertiestransferred to her by way of an absolute gift in lieu of maintenance constitute her stridhan.
Under Hindhu sucession Act, there is no distinction between the gifts received by her from relatives or strangers and at any stage of her life, and all gifts that she receives will be her absolute property. Ornaments received by her at the time of her marriage are ordinarily her stridhan property. A full bench in Vinod Kumar Sethi v. State of Punjab AIR 1982 P& H 372 held that dowry and traditional presents made to a wife at the time of the marriage constitute her stridhan.
sanjeev desai
K.C.Suresh
(Expert) 22 January 2009
Beautifully answered by Sri. Sanjeev
Hiralal Das
(Expert) 05 April 2009
I do agree with the valuable opinions of the learned members. Thanks all of you.
