Stridhan Laws in India

What is Stridhan?

All the gifts (movable or immovable) received by a woman before the marriage, at the time of her marriage, after the marriage, during the birth of child or widowhood are considered as Stridhan. Stridhan is the property on which women have sole and absolute right to enjoy and alienate such property without any restrictions. Previously even though Stridhan was recognised, women were still required to seek consent of their husband before disposing of such property. It is only after enactment of Hindu Succession Act, women have gained absolute right over Stridhan. The Act has divided women’s property in two categories:

• Stridhan.
• Woman’s Estate.

What Constitutes Stridhan?

As per Hindu Law, Stridhan constitutes of all the movable and immovable property, gifts, jewellery and other items received by a woman:

• Any gift, property, jewellery received by a woman before her marriage.
• Any gift, property, jewellery received by a woman during her marriage.
• Any gift, property, jewellery received by a woman upon the birth of her child.
• Any gift, property, jewellery received by a woman after the death of her husband/ during widowhood.

Rights of Women over Stridhan

As per the provisions laid down in Section 14 of the Hindu Succession Act, 1956, any property acquired by a woman from the following sources shall be considered as woman’s absolute property unless otherwise mentioned. The source of such property(ies) can be:

• Gifts being both movable and immovable received before, during and after marriage.
• Any property received as a share during the partition of family property.
• Property received as a part of any compromise/settlement.
• Self-acquired property purchased using own money.
• Property accumulated during business, profession and service.
• Property received as maintenance.
• Inherited property.
• Property acquired by way of Award/ Decree or through adverse possession.

Various Laws protecting woman’s right to Stridhan

a.    Domestic Violence Act, 2005:

• Section 12 of the Act provides for recovery of Stridhan in cases wherein women are victim of Domestic Violence which helps the aggrieved woman to obtain Stridhan back from husband/ in laws pursuant orders being passed by the competent Court.
• Section 18(ii) enables the woman to get possession of clothes, jewellery, etc. being Stridhan.

b.    Hindu Succession Act, 1956:

• Section 14 of Hindu Succession Act states that any property acquired/obtained by a woman before or after the commencement of the Act shall be treated as her absolute property.
• The woman shall have absolute rights to enjoy or dispose of the property. However, a woman shall not be absolute owner of any property wherein her rights are limited. Such property shall not be treated as Stridhan. 

c.    Hindu Marriage Act, 1955:

• As per Section 27 of the Act even if the property of a woman is in the custody of her husband or in laws.
• Pursuant to orders being passed by the Court the husband/ in laws shall be bound to return the possession of the property to woman being merely the trustees/ custodian of such property.

Difference Between Stridhan and Dowry

Often ‘Stridhan’ and ‘Dowry’ are considered to be same despite being different. While Dowry is a property/jewellery/ other items given by the bride’s family to the groom/groom’s family before, during or after marriage. Stridhan is given to woman by parents/ in laws out of own wish before, during or after marriage.

Dowry is a demand made by the groom or groom’s family which can also be considered as a pre-condition for solemnisation of marriage considering that the demand so made has to be necessarily fulfilled by the bride’s family irrespective of their acceptance/financial condition, etc. Distinction has been made between the two as upon breakdown of marriage a woman can claim the Stridhan being the sole and absolute owner of such gifts, jewellery, property, etc.

Conclusion

In view of the above, the enactment of Hindu Succession Act has been very significant for setting out rights of a woman with regards to absolute rights in the property. Thereby giving rights to the woman to enjoy the property solely and absolutely. Further, granting opportunity to woman to dispose of the property without seeking consent from in laws/ husbands with regards to Stridhan. The developments in Stridhan laws have provided woman with sense of security and freedom in taking own/independent decisions with regard to the property owned by such woman independently.