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Reetu Dwivedi (Paralegal)     04 January 2010

Stridhan

How a women can claim her Stridhan from her husband.



Learning

 5 Replies

Arup Kumar Gupta, Korba, Chattishgarh ((m)9893058429)     04 January 2010

I have just collected it for you from google search.please go through it.

quoteWhat 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.
 

  1. Gifts made to a woman before the nuptial fire.
  2. Gifts made to a woman at the bridal procession
  3. Gifts made in token of love by father-in-law, mother-in-law
  4. Gifts made by father
  5. Gifts made by mother
  6. 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.

unquote.

if your divorce case pending then you may apply under sec 27 of the hindu marriage act which runs thus:-

quote

27. Disposal of property.

In any proceeding under this Act, the court may make such provisions in the decree as it deems just and proper with respect to any property presented, at or about the time of marriage, Which may belong jointly to both the husband and the wife.

unquote  

-akg

Reetu Dwivedi (Paralegal)     05 January 2010

What is Interim application?


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