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Naresh (In search of job)     05 March 2012

Difference b/w dowry & stridhana?

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 since no proof is required as per the law that is why they are claiming stridhana and not 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



Learning

 2 Replies

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com))     05 March 2012

Stridhan is basically the absolute property of the woman, her articles etc. It is relic of the past - when women did not have proprietary rights and had to have something to fall back upon in tough times. Stridhan is basically her own articles/property that she has when she leaves for her husband's place. 

Dowry on the other hand is basically the property delievered or agreed to be delivered in consideration of marriage by one party to the other, it is consideration for the marriage, Stridhan is independant of marriage - Dowry is not. 

The dowry articles as well as her Stridhan has to be returned. 

In absence of specific proof - their claim is weak, they'd have to proof the factum of payment by reciepts/bank withdrawals/video footage etc. 

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     06 March 2012

I guess same query has been answered satisfactorily in expert section.

 


Regards,
 
Shonee Kapoor
harassed.by.498a@gmail.com
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