Stridhan — Recovering a Woman's Property After Separation

Stridhan is the property a woman receives before, at or after marriage, including gifts from her family, her husband's family and friends. It belongs to her absolutely.

What counts as stridhan

  • Jewellery and gifts given to the bride at or around the wedding.
  • Gifts from her parents, relatives, husband and in-laws.
  • Property she bought with her own income.
  • Items entrusted to the husband or in-laws for safekeeping remain hers.

Legal position

The Supreme Court in Pratibha Rani v. Suraj Kumar (1985) held that stridhan is the woman's absolute property, and a husband or in-law holding it holds it as a trustee. Refusing to return it can amount to criminal breach of trust.

Remedies

  • Return of stridhan under section 19(8) of the Protection of Women from Domestic Violence Act.
  • Criminal complaint for criminal breach of trust under section 316 of the Bharatiya Nyaya Sanhita (formerly section 406 IPC).
  • Section 27 of the Hindu Marriage Act, for property presented at the marriage belonging jointly to the couple, in matrimonial proceedings.
  • Civil suit for recovery.
  • Return as part of a mediated settlement.

Documents to collect

  • List of items with approximate value.
  • Wedding photographs and videos showing jewellery and gifts.
  • Purchase bills and bank records.
  • Messages about the items.

Document requirements may vary depending on the applicable legal route, individual circumstances and the concerned authority.

Related pages

Frequently Asked Questions

Is jewellery from my in-laws my stridhan?
Gifts made to the bride are generally her stridhan.
Is there a time limit?
Criminal breach of trust is a continuing issue while the property is withheld, but act promptly. Get individual advice on limitation.
Can stridhan be recovered through mediation?
Yes. Many cases resolve with an agreed list and handover in mediation.

Disclaimer: This page gives general information about the law and procedure as understood at the time of writing. It is not legal advice for your situation. Requirements may vary depending on the parties' circumstances, applicable law, jurisdiction and the concerned authority, and rules and forms change from time to time. Please consult an advocate before acting.

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