Supreme Court of India
On Thursday, the Supreme Court made a big decision regarding women’s rights over their
Stridhan (jewellery and other items received at the time of marriage).
The court clearly said that a woman’s Stridhan is her complete property. She has the
full right to spend it as per her wish. The Supreme Court said that a husband cannot control his wife’s Stridhan. The husband can use Stridhan in times of trouble, but it is his moral responsibility to return it later.
The court gave this decision while directing a man to give Rs 25 lakh in exchange
for his wife’s lost gold.
All Notes:- Type of Contract. | based on the validity or Enforceability.
Background of Case
The Kerala woman claimed that her family gifted her gold coins at the time of marriage. After the marriage, her father also gave a cheque of Rs 2 lakh to her husband. According to the woman, on the first night of marriage, her husband took possession of all her jewellery. He said they would keep it safe, but later handed it over to his mother. The wife alleged that the husband and his mother misused all the jewellery to meet their pre-existing financial liabilities (loans).
Family court ruled against the husband and his mother After the dispute, the case reached the family court in 2011. The court held that the husband and his mother had indeed misappropriated the appellant’s gold jewellery. Therefore, the wife is entitled to compensation for the loss. Kerala High Court reversed the decision The Kerala High Court partially rejected the relief of the family court. It said that the woman was not able to prove the misappropriation of gold jewellery by the husband and his mother. Therefore, she is not entitled to compensation for her loss. After this, the woman challenged the order of the High Court in the Supreme Court.
Live Court Room
A bench of Justice Sanjiv Khanna and Justice
Dipankar Dutta heard the case. The bench said that Stridhan is not the joint property of the wife and the husband.
• The bench said, ‘A woman has full right over her Stridhan, which includes all the things received before, during or
after marriage, such as gifts received from parents, in-laws, relatives and friends – money, jewellery, land, utensils etc.
The bench said that Stridhan cannot be called the joint property of the husband and wife. The husband does not have ownership or independent rights over it. If Stridhan is misused with bad intentions, then the husband or his family members can be prosecuted under Section 406 of the IPC.
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The court said, ‘The concept of marriage is based on mutual trust between husband and wife. This is an essential part of the marital relationship. It is wrong to assume that the woman did not trust her husband from the very first day. The Kerala High Court did not look at these facts.
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