In a recent case, the Supreme Court reiterated a fundamental principle regarding streedhan, the property gifted to a woman during her marriage. The court emphasized that husbands have no legal authority over their wives’ streedhan and are morally obligated to ensure its safekeeping and return it to their wives when required.
The case involved a woman who claimed that her family had gifted her 89 sovereigns of gold at the time of her marriage. Additionally, her father had given a cheque of ₹ 2 lakh to her husband after the wedding. However, soon after the marriage, the woman alleged that her husband took custody of all her jewelry, including the streedhan, and entrusted it to his mother for safekeeping. The woman further claimed that her streedhan was misappropriated by her husband and mother-in-law to settle their financial liabilities.
Initially, the Family Court ruled in favor of the woman, acknowledging the misappropriation of her streedhan by her husband and his mother. However, on appeal, the Kerala High Court partially set aside the decision, stating that the woman had not provided sufficient evidence of misappropriation.
Unsatisfied with the high court’s judgment, the woman appealed to the Supreme Court. In its ruling, the Supreme Court reiterated that streedhan remains the absolute property of the wife and does not become joint property with the husband upon marriage. The court emphasized that husbands have no control or ownership rights over streedhan and have a moral obligation to return it to their wives.
Furthermore, the Supreme Court criticized the high court’s failure to draw accurate conclusions from the established facts of the case. It clarified that the burden of proof for the return of streedhan does not require exhaustive evidence similar to a criminal trial.
Considering the passage of time, inflation, and principles of equity and justice, the Supreme Court invoked Article 142 of the Indian Constitution to award the woman ₹ 25 lakh in compensation for her loss. This decision reaffirmed the court’s commitment to protecting the rights of women and upholding the sanctity of streedhan in matrimonial disputes.