Stridhan in hindu law
Rajendra Patel
(Querist) 11 May 2012
This query is : Resolved
What is stridhan ?
Stridhan & Dowery both are same ?
when she claim for stridhan to return ?
when she claim for dowery to return ?
If dowery is not demanded but stridhan is present it's a crime in law ?
Deepak Nair
(Expert) 11 May 2012
Academic queries are not entertained by experts. please refer to the books
R.K Nanda
(Expert) 11 May 2012
Read Hindu law books.
A V Vishal
(Expert) 11 May 2012
What is stridhan?
According to the age old smritis and all old schools of Hindu law such as Dayabhaga, Mitakshara etc. the following was Stridhan in the hands of a woman be it a maiden, married woman or widow.
Gifts made to a woman before the nuptial fire.
Gifts made to a woman at the bridal procession
Gifts made in token of love by father-in-law, mother-in-law
Gifts made by father
Gifts made by mother
Gifts made by brother
This was not an exhaustive list so gifts made after marriage by a woman's husband's relations or parent's relations and gifts from sons and relations got added to the list as so did many more as can be seen here.
What else is included?
Whether a particular kind of property acquired by a woman was Stridhan or not depended on the source from which the property was acquired and her status at the time of acquisition whether she acquired it during her maidenhood, subsistence of marriage or widowhood.
Gifts and bequests from a woman's relations during maidenhood, subsistence of marriage or widowhood is all Stridhan.
Gifts and bequests from strangers during maidenhood, subsistence of marriage or widowhood is all Stridhan.
In effecting Partition if as an absolute gift or interest a share is given to a woman whether during her maidenhood, marriage or widowhood the same amounts to her stridhan.
Inherited property
Property inherited by a woman becomes her stridhan.
Property acquired by a woman by mechanical arts or by her own exertions during maidenhood, subsistence of marriage and during widowhood is Stridhan.
Property obtained by a woman by compromise or family arrangement where there is no presumption of her taking only a life interest, becomes her Stridhan.
Property obtained by a woman by adverse possession during maidenhood, subsistence of marriage and during widowhood is Stridhan.
Property purchased with Stridhan is a woman's Stridhan.
Rights of a woman over her Stridhan.
The woman has an absolute, exclusive dominion over all her Stridhan including movable and immovable property and has the power to sell, alienate or give it away as she pleases both during her lifetime and thereafter. Her husband and / or his family members have no rights over a woman's Stridhan.
It is usually practical and preferable that any girl especially educated girls of today maintain a list of their Stridhan as also become capable of looking after their own Stridhan in terms of its security such as opening a bank locker in their single names for the purposes of storing jewellery and instruments of money, property etc. or keeping it under their lock and key.
Shonee Kapoor
(Expert) 11 May 2012
Though academic query, I have explained it in this forum dig archives.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
M/s. Y-not legal services
(Expert) 11 May 2012
what is the difference between "gift" and "begging" that same thing is the answer for your question.,
-tom-
A V Vishal
(Expert) 11 May 2012
Definition of `dowry’.-In the Prohibition of Dowry act, `dowry’ means any property or valuable security given or agreed to be given either directly or indirectly-
(a) by one party to a marriage to the other party to the marriage; or
(b) by the parents of either party to a marriage or by any other person, to either party to the marriage or to any other person;
at or before or any time after the marriage in connection with the marriage of said parties but does not include dower or mahr in the case of persons to whom the Muslim Personal Law (Shariat) applies.
Explanation II.-The expression `valuable security’ has the same meaning as in Sec. 30 of the Indian Penal Code (45 of 1860).
SAINATH DEVALLA
(Expert) 11 May 2012
Visahal ha provided more than required information.
ashutosh mishra
(Expert) 12 May 2012
Please read the following judgement to cool your quest.
Supreme Court of India
Pratibha Rani vs Suraj Kumar & Anr on 12 March, 1985
Equivalent citations: 1985 AIR 628, 1985 SCR (3) 191
Bench: Fazalali, S Murtaza
http://www.indiankanoon.org/doc/1684706/
