In a recent legal matter, the Supreme Court reaffirmed a fundamental tenet concerning streedhan, the property bestowed upon a woman during her marriage. The court emphasized that husbands possess no legal jurisdiction over their wives’ streedhan and are morally bound to ensure its safeguarding and eventual return to their wives when necessary.
The case involved a woman who asserted that her family had gifted her 89 sovereigns of gold and her father had handed a cheque of ₹ 2 lakh to her husband following their wedding. However, shortly after the marriage, the woman alleged that her husband took possession of all her jewelry, including the streedhan, and entrusted it to his mother for safekeeping. Moreover, the woman claimed that her streedhan was unlawfully appropriated by her husband and mother-in-law to settle their financial obligations.
Initially, the Family Court ruled in favor of the woman, acknowledging the misappropriation of her streedhan by her husband and his mother. Nonetheless, upon appeal, the Kerala High Court partially overturned the decision, citing insufficient evidence provided by the woman regarding the misappropriation.
Dissatisfied with the high court’s ruling, the woman appealed to the Supreme Court. In its verdict, the Supreme Court reiterated that streedhan remains exclusively the wife’s property and does not transform into joint ownership with the husband upon marriage. The court stressed that husbands lack control or ownership rights over streedhan and are morally obliged to return it to their wives.
Moreover, 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 restitution of streedhan does not necessitate exhaustive evidence akin to a criminal trial.
Taking into account the passage of time, inflation, and principles of fairness and justice, the Supreme Court invoked Article 142 of the Indian Constitution to grant the woman ₹ 25 lakh in compensation for her losses. This ruling underscored the court’s dedication to safeguarding women’s rights and preserving the sanctity of streedhan in marital disputes.
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