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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 among gift given to girl, gift given to boy like wrist watch, car etc, gift given to couple like bed



Learning

 13 Replies

A V Vishal (Advocate)     20 November 2010

Stridhan is a traditional practice that was primarily meant to provide women with some level of economic security in adverse situations like divorce, widowhood, etc.

Among Hindus, it is interpreted in various ways; in general, stridhan is defined as that portion of a woman’s wealth over which she alone has the power to sell, gift, mortgage, lease or exchange — whole or in parts. Usually, stridhan is passed from mother to daughter, unless the woman decides otherwise. Any dues from her can also be recovered from her stridhan.

Besides the ornaments and trousseau given at marriage, stridhan also includes all the gifts of money, property, jewellery and so on received by the woman before, during and after marriage from her family, her husband’s family, friends and even strangers.

It includes property inherited by the woman from her family or husband’s family; property received by her under a compromise, adverse possession or in lieu of maintenance; property obtained in partition; and property bought using proceeds from stridhan.

However, gifts to the husband by the woman or her relatives will not be part of her stridhan.

In the case of a working woman, the law under Section 14 of the Hindu Succession Act, 1956 enumerates that the property acquired by means of a woman’s earnings, during her maidenhood as well as widowhood, is her stridhan.

Importantly, a woman who does not wish to accept stridhan cannot be forced to do so; she can also choose to accept or reject the gifts given to her as part of the stridhan.

2 Like

Arup (UNEMPLOYED)     20 November 2010

EVERYTHINGH WHICH IS YOUR'S INCLUDING 'YOURSELF", IS HER 'STRIDHAN' - IF YOU DO NOT BELIVE ME, JUST ASK HER.

1 Like

Avnish Kaur (Consultant)     20 November 2010

IT DEPENDS ON  HER IMAGINATION HOW MUCH SHE CAN IMAGINE.

2 Like

(Guest)

This question has been asked many times

Anyway Thanks to  A V Vishal

But here i am surprise and infact see anew defination that Avnish Kaur

said " IT DEPENDS ON  HER IMAGINATION HOW MUCH SHE CAN IMAGINE."

Yes, she can imagine as i remember the quote

“Imagination is the one weapon in the war against reality.”

“The women who has no imagination has no wings.”

Well-done I found your answer something different Jara Hatke Jawwab Laajwaab.:P

But here its too difficult to prove that this thing belongs to women or not as she has to prove it.she can imagine but court can decide on proof evidence.

Roshni B.. (For justice and dignity)     20 November 2010

mr. vishal's defn. of stridhan is perfect.follow it..

Roshni B.. (For justice and dignity)     20 November 2010

dowry articles are also to be returned,if she asks for them..if they are already used or damaged,give their value.for example if u were given a watch which u have used many times,it's better to give its price back...same as for other articles.if something is in gud condition,return it as it is.

Arup (UNEMPLOYED)     21 November 2010

" dowry articles are also to be returned,if she asks for them..if they are already used or damaged,give their value"

BY WHAT ACT?

Arup (UNEMPLOYED)     21 November 2010

SORRY

pl ignore above post

my ans is wrong, under wrong impressions.

aatma   21 November 2010

 

If you don't have a list of the presents then you can decide which items you want to return...



THE DOWRY PROHIBITION (MAINTENANCE OF LISTS OF PRESENTS TO THE BRIDE AND BRIDEGROOM) RULES, 1985

 

G.S.R. 664 (E), dated 19th August, 1985.- In exercise of the powers conferred by Sec.9 of the Dowry Prohibition Act, 1961 (28 of 1961), the Central Government hereby makes the following rules, namely:

1. Short title and commencement.-(1) These rules may be called the Dowry Prohibition (Maintenance of Lists of Presents to the Bride and Bridegroom) Rules, 1985.

 

(2) They shall come into force on the 2nd day of October, 1985, being the date appointed for the coming into force of the Dowry Prohibition (Amendment) Act, 1984 (63 of 1984).

 

2. Rules in accordance with which lists of presents are to be maintained.-(1) The list of presents which are given at the time of the marriage to the bride shall be maintained by the bride.

 

(2) The list of present which are given at the time of the marriage to the bridegroom shall be maintained by the bridegroom.

Every list of presents referred to in sub-rule (1) or sub-rule (2),-

(a) shall be prepared at the time of the marriage or as soon as possible after the marriage:

 

(b) shall be in writing;

 

(c) shall contain,-

 

(i) a brief descripttion of each present;

(ii) the approximate value of the present;

(iii)the name of the person who has given the present; and

(iv)where the person giving the present is related to the bride or bridegroom, a descripttion of such relationship;

 

(d) shall be signed by both the bride and the bridegroom.

Explanation. 1.- Where the bride is unable to sign, she may affix her thumb impression in lieu of her signature after having the list read out to her and obtaining the signature on the list, of the person who has so read out the particulars contained in the list.

Explanation 2.- Where the bridegroom is unable to sign he may affix his thumb-impression in lieu of his signature after having the list read out to him and obtaining the signature on the list of the person who has so read out the particulars contained in the list.

 

(4) The bride or the bridegroom may, if she or he so desires, obtain on either or both of the lists referred to in sub-rule (1) or sub-rule (2) the signature or signatures of any relations of the bride or the bridegroom or of any other person or persons present at the time of the marriage.

1 Like

Jamai Of Law (propra)     22 November 2010

I beg to contest on the definition of streedhan in certain aspects 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!!   

Kamal Grover (Advocate High Court Chandigarh M:09814110005 email:adv.kamal.grover@gmail.com)     24 November 2010

Whatever your wifes parents or her relatives gift her or anything gifted to you in the marriage is istridhan.

Niteen Phansalkar (AM)     12 November 2011

Gold coins & jewellery bought after the marriage by the husband, can the wife claim thiese articles as her stridhan??

498_final stage (Professional)     28 August 2015

Is there any concept of PURUSHDHAN?


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