22/11/2015
Supreme Court has held that Women can claim stridhan (streedhana) even after separation from husband.
A woman has inalienable rights over stridhan and she can claim it even after separation from her husband, the Supreme Court has ruled, saying that denying it would amount to domestic violence making the husband and in-laws liable to face criminal prosecution.As per Hindu law, stridhan is whatever a women receives during her lifetime including all movable, immovable property, gifts etc received prior to marriage, at the time of marriage and during child birth.
The bench clarified that separation under court order is different from divorce and the couple remains as husband and wife, although living separately. It said under judicial separation a couple can keep their status as wife and husband till their lifetime and a wife is entitled to invoke the Act during that period if her rights are violated.
In this case the woman got married in 2005. Five years after tying the knot, her husband moved family court seeking separation from her and the court passed the order in his favour in 2010. Alleging that her husband and in-laws were not handing over jewellery and other assets gifted to her by family and friends, she approached the trial court which dismissed her plea saying it was not maintainable. The HC also upheld the order without going into the merit of her allegation.Quashing the order of trial court and HC, the apex court said woman has inalienable right over stridhan and neither the husband nor any other family members can have any right over it.
