A Woman’s Right to Stridhana

Swipe through the slides for a Supreme Court backed explanation of Stridhana, its legal scope, and practical safeguards. (Applicable to Hindus, Sikhs, Buddhists & Jains)

A woman's right to stridhana

Pratibha Rani v. Suraj Kumar (1985)

Kinds of Stridhana

Wife is exclusive owner of Stridhana: ~ Rashmi Kumar v. Mahesh Kumar Bhada (1996)

Divorce does not bar stridhana rights: mala kar v state of uttarakhand

sec 14 hindu succession act

sec 14 hindu succession act explanation

how women can protect stridhana

divorce the narcissist india

A detailed textual explanation of the legal principles covered in the slides appears below.

What Is Stridhana?

In Pratibha Rani v. Suraj Kumar, a three-Judge Bench of the Supreme Court relied on classical Hindu law texts and held that the characteristics of Saudāyika confirms stridhana, as spelt out in Mulla’s Hindu Law (Section 113), which provides a complete list of Stridhana property of a woman both before and during coverture.

Saudāyika (सौदायिक) refers to property given to a woman at the time of marriage by her parents or relatives, which becomes her exclusive property.

Kinds of Stridhana (As Recognised in Classical Law)

Manu enumerates the following kinds of Stridhana:

1. Gifts made before the nuptial fire (Adhyagni).

2. Gifts made during the bridal procession (Adhyavahanika).

3. Gifts made in token of love, including those given by in-laws (Pritidatta and Pada-vandanika).

4. Gifts made by the father.

5. Gifts made by the mother.

6. Gifts made by a brother.

Ratio Decidendi: Pratibha Rani v. Suraj Kumar (1985)

The Supreme Court authoritatively held that:

• A woman is the absolute owner of her Stridhana.

• She may spend it entirely or dispose of it by gift or will, without reference to her husband.

• Ordinarily, the husband has no right, title, or interest in Stridhana.

• The only exception is extreme distress (such as famine or illness), where the husband may utilise it but is bound to restore it or its value once the distress ceases.

• This right of use is purely personal and does not create ownership.

• Stridhana cannot be attached or proceeded against, even in execution of a decree for the husband’s debts.

Exclusive Ownership Reaffirmed: Rashmi Kumar v. Mahesh Kumar Bhada (1996)

In Rashmi Kumar v. Mahesh Kumar Bhada, the Supreme Court emphatically reaffirmed that:

• The wife is the sole authority over her Stridhana.

• Ornaments presented to the bride by her husband or family constitute her Stridhana (relying on N.R. Raghavachariar’s Hindu Law — Principles and Precedents).

• The husband has no ownership or dominion; custody creates trusteeship, not rights.

• Refusal to return Stridhana on demand amounts to Criminal Breach of Trust under Section 406 IPC.

• The dispute is not merely civil or matrimonial — criminal law applies.

• A woman’s power of disposal is independent of her husband’s control and extends beyond Saudāyika.

Divorce Does Not Extinguish Stridhana Rights

In Mala Kar v. State of Uttarakhand, the Supreme Court reiterated that:

• Stridhana rights survive divorce.

• Settlement amounts must expressly cover Stridhana, failing which claims remain enforceable.

Statutory Reinforcement: Section 14, Hindu Succession Act, 1956

Section 14(1) provides that any property possessed by a female Hindu, whether acquired before or after the commencement of the Act, shall be held by her as full owner, not as a limited owner.

What This Means

• Section 14 expressly includes Stridhana, converting it into absolute ownership by operation of law.

  
  

• The source of acquisition is immaterial. Property may be acquired by:

  • gift (before, during, or after marriage),

  • inheritance,

  • partition,

  • in lieu of maintenance,

  • personal earnings or profession,

  • purchase from Stridhana,

  • decree, award, or any lawful mode.

    
    

• The concept of limited estate is abolished, eliminating any residual control of the husband or family.

Statutory Protection & Criminal Liability

• Read with Section 27, Hindu Marriage Act, 1955, Stridhana in the custody of the husband or in-laws is held in trust and must be returned on demand.

• Refusal to return Stridhana constitutes Criminal Breach of Trust under Section 406 IPC.

• The Protection of Women from Domestic Violence Act, 2005 provides additional remedies:

  • File a complaint under Section 12 of the PWDVA, 2005, specifically asking for the return of items under Section 19(8) (monetary relief and, specifically, return of possessions including Stridhana)

  • Retention of Stridhana constitutes economic abuse, a continuing form of domestic violence.

    
    

Practical Safeguards for Protection of Stridhana

To safeguard Stridhana, a woman should:

• Maintain a comprehensive list of all gifts and properties received before, during, and after marriage from:

  • her family,

  • her husband or his family,

  • friends and acquaintances.

• Preserve supporting documents, including:

  • bills and receipts,

  • bank statements,

  • gift deeds or acknowledgements,

  • photographs or inventories prepared at the time of marriage.

Proper documentation assists courts in establishing ownership, entrustment, and recovery of Stridhana.

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