A husband has no control over his wife's 'streedhan' (a woman's property), the Supreme Court reaffirmed in a recent judgement which emphatically recognised a woman's absolute right over her property.
"This judgment reinforces women's autonomy over their pre- and postmarital property, asserting that any contribution by a woman to her partner, even if in the form of a loan, must be returned," says Ekta Rai, an advocate at the Delhi High Court.
Streedhan refers to gifts, money or property that a woman receives before her marriage, at the time of her marriage, during childbirth or widowhood, primarily from her parents, relatives or in-laws.
"It is considered her exclusive property and is meant to provide her with financial security and independence within her marital relationship," says Alay Razvi, partner at Accord Juris LLP.
Streedhan comprises assets acquired through various lawful means, including gifts, inheritance, earnings, and investments.
If a bride receives her husband's family heirloom within the first few days of marriage, it becomes her streedhan.
The case
A Hindu married woman from Kerala filed a petition in a family court seeking the recovery of 89 sovereigns of gold and ₹2 lakh that her husband had used to settle his financial debts. Although the family court ruled in her favour, the Kerala High Court only allowed her to recover 2 lakh from her husband.
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