What counts as stridhan
Stridhan is property a woman receives before, at or after marriage — jewellery, cash, gifts from her family and in-laws, and property bought from her own earnings. Under Section 14 of the Hindu Succession Act, 1956, property possessed by a Hindu woman is her absolute property.
The husband holds it in trust
In Pratibha Rani v. Suraj Kumar (1985), the Supreme Court held that stridhan entrusted to the husband or in-laws is held by them as a trustee, and refusal to return it can amount to criminal breach of trust. This is now Section 316 of the Bharatiya Nyaya Sanhita, 2023 (formerly Section 406 IPC).
Routes to recovery
- An application under Section 19(8) of the Protection of Women from Domestic Violence Act, 2005 for return of stridhan
- A complaint for criminal breach of trust, where entrustment and refusal can be shown
- A civil suit for recovery of the articles or their value
- Terms in a mutual consent settlement
Proof
- Photographs of the wedding and of jewellery
- Bills, receipts and lists prepared at the time of marriage
- Bank records of cash gifts
- Statements of family members present
Frequently asked questions
Is there a time limit to claim stridhan?
Limitation depends on the remedy chosen and when the demand was refused. Take advice early, particularly before a settlement is signed.
About the author
Advocate Vivekanand
Founder & Principal Advocate, Vivekanand Law Firm · MA (English), MBA, LL.B., Author. Full profile
This article is general legal information, not legal advice. It does not create an advocate–client relationship. Legal provisions referred to should be verified for your specific situation and the date of the events concerned.