New Delhi: The Supreme Court of India has issued a strong judgment upholding a womans absolute ownership of her Stridhan – property gifted to her before, during, or after marriage. The courts decision emphasizes that a husband has no legal control over his wifes Stridhan and can only use it temporarily in times of dire need, with a moral obligation to return it or its equivalent value.Stridhan belongs solely to the wifeThe case arose from an appeal filed by a woman challenging a Kerala High Court order. The High Court had partially sided with the husband, overturning a family court decision that directed him to repay his wife the value of gold jewelry she claimed had been taken from her under the pretense of safekeeping.The Supreme Court, however, clarified the legal position on Stridhan. Justice Sanjiv Khanna and Justice Dipankar Datta, delivering the judgment, reiterated that Stridhan – encompassing gifts received before, during, or after marriage – is the womans absolute property with full disposal rights. The court emphasized, The husband has no control over her Stridhan property.Temporary use with moral obligation for repaymentThe court acknowledged that a husband may utilize his wifes Stridhan in times of extreme hardship. However, it stressed that a moral obligation exists to restore the property or its equivalent value to the wife. Stridhan property does not become a joint property of the wife and the husband, the court stated, further clarifying that the husband holds no independent ownership rights over it.Supreme Court corrects high courts flawed reasoningThe woman in this case claimed her husband had taken 89 sovereigns of gold gifted to her by her family at their wedding. The family court had ordered him to repay their value in 2009. The High Court, however, ruled against her, citing insufficient evidence for misappropriation.The Supreme Court, however, disagreed with the High Courts reasoning. They asserted that the High Court had failed to adequately assess the presented evidence and noted that a wife doesnt need to demonstrate the exact source or acquisition method of her Stridhan to reclaim it. They distinguished this from a criminal trial, where a higher burden of proof exists. Ultimately, the Supreme Court reversed the High Courts order and directed the womans former husband to pay her Rs 25,00,000 within six months.Empowering women and protecting their financial rightsThis landmark Supreme Court ruling serves as a significant step towards safeguarding womens financial independence within marriage. It reinforces the concept of Stridhan as a womans personal property, free from a husbands control.
