Upgrad
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

s..i..n..g..h.. (member)     20 November 2010

what is the definition of stridhan

what is the definition of stridhan

what articles has to be returned to girl side in case of divorce



Learning

 3 Replies

superfast munnabhai (trainee)     20 November 2010

Gold Jwellary, utensils, clothing, her furniture, her 2 wheeler etc...all such items

 


(Guest)

Her income also.

Jamai Of Law (propra)     22 November 2010

I beg to contest on the definition of streedhan in certain aspect as follows................

 

During the married/conjugal life of husband-wife i..e. After marriage (HMA wording ares "at the time of marriage")................if Husband/Wife acquires any kind of property/asset/bank balance/shares/stocks/land/apartment, in any form whether movable or unmovable in another partner's .......and if there is a unfortunate situation of alienation between them...these items listed do/Should not become a part of wife's Streedhan just because wife is holding the title at that time

 

It doesn't fit the category of gift also!!!! ...Marriage is not contract..it's beyond any technical definitions of any partnerships of compensation deeds!

there may be "gve and take" in this relationship ( it may have "only give" or "only take" situations ..but that actually causes situatio of divorce....anyways) but there is no straight formula 

A female calls herself a wife of that man...not a rakhel/'keep' to get any gift from her husband or  in the garb of whatsoever sophisticated name to the transaction...............

Wife and husbands are like one entity...both for one ....and one for both.......

 

Crux is:

 

if there is unfortunate separation....the person who contributed from his/her own earnings to acquire those assets  (irrespective whether asset is acquired in another's name !!) only that person has/should have the claim on the assets (based on percentage of the contribution)

 

Only necessary thing here is...the percentage of contribution needs to be proved with material/corroborative evidence

The relationship of marriage is sacrement and is such that...nobody does these transactions.... during married life ...........with a suspesion such as "what if marriage breaks in future?' ...But rest all other partnerships do exercise those precautions/rationale right from outset in a professional way......

 

Instead of evolving with confusing caselaws otherwise...... law should allow the pre-nup agreements ...once for all...... instead of giving surprises laterwards to one gender!!   


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register