Page 57 - Banking Finance June 2024

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Protecting streedhan: Maintain

inventory, store in woman's locker

A husband has no control over his wife's 'streedhan' (a Khanna and Deepankar Datta reiterated a married woman's
woman's property), the Supreme Court reaffirmed in a rights over streedhan property. The ruling affirmed that
recent judgement which emphatically recognised a woman's streedhan property belongs exclusively to the woman.
absolute right over her property.
"Streedhan property does not becomes the joint property
"This judgment reinforces women's autonomy over their pre- of the wife and the husband, and the husband has no title
and post-marital property, asserting that any contribution or independent dominion over the property as owner. The
by a woman to her partner, even if in the form of a loan, Supreme Court also held that streedhan is the absolute
must be returned," says Ekta Rai, an advocate at the Delhi property of a woman, and she has all rights to dispose of it
High Court. at her own pleasure," says Anushkaa Arora, principle &
founder, ABA Law Office.
Streedhan refers to gifts, money or property that a woman
receives before her marriage, at the time of her marriage, Often, the jewellery and other streedhan items of new brides
during childbirth or widowhood, primarily from her parents, are kept in bank lockers for security reasons, with the bride
relatives or in-laws. wearing the jewellery only occasionally. Many a times, the
husband and his family take control of the jewellery and
"It is considered her exclusive property and is meant to other streedhan. It is crucial for women to understand
provide her with financial security and independence within their rights over streedhan and how they can retain control
her marital relationship," says Alay Razvi, partner at Accord over it.
Juris LLP.
Protecting Streedhan
Streedhan comprises assets acquired through various lawful Married women should maintain an inventory of streedhan
means, including gifts, inheritance, earnings, and received or acquired, along with any relevant evidence
investments. regarding these assets.

If a bride receives her husband's family heirloom within the "As a matter of principle, they should have absolute custody
first few days of marriage, it becomes her streedhan. of streedhan. If not, they must be aware of where it is
stored and by whom, to prevent any misappropriation," says
The case Ankur Mahindro, managing partner at Kred Jure.
A Hindu married woman from Kerala filed a petition in a
family court seeking the recovery of 89 sovereigns of gold Photographs of women wearing their streedhan ornaments
and Rs. 2 lakh that her husband had used to settle his can be used as evidence. "Preserve digital evidence such as
financial debts. Although the family court ruled in her wedding pictures and receipts," says Rai. She adds that the
favour, the Kerala High Court only allowed her to recover 2 title of any property that is part of the streedhan should be
lakh from her husband. in the women's interests.

In the Supreme Court, a two-judge bench comprising Sanjiva "Consider drafting a prenuptial agreement or a separate

50 | 2024 | JUNE | BANKING FINANCE