Stridhan and its Custodian
Stridhan and its Custodian – Many women receive gift items like jewelry, cash, vehicles, property, and other items before or after their marriage. These are not just some memories of weddings; in legal terms, these are known as stridhan. During many marriage disputes or divorces, many ladies find it difficult to take their stridhan back from their husband or their in-laws.
If you are facing a similar issue in Chandigarh, then it’s important to know your legal right to fight back and get what is yours. In this blog, we will explain what Stridhan and its custodian are? Who is the legal owner of stridhan? And what to do if the stridhan is not returned?
What is Stridhan?
“Stridhan” means all the items that belong to women only. It includes all the things such as gift items, jewelry, antiques, cash, property, vehicles, etc., a woman receives from her parents, friends, relatives, husband, or in-laws before or after marriage. A woman has complete rights over her stridhan. No other person apart from the lady can assert ownership over those items. Not even a husband has the right to ownership over stridhan. No matter where these items are kept, they remain under the woman’s ownership.
These are some common examples of Stridhan:
- Gold and silver jewellery
- Cash received as gifts
- Property gifted in her name
- Expensive household items are gifted only to the bride
- Investments or fixed deposits gifted to her
What is the Difference Between Stridhan and Dowry?
Many people confuse stridhan with dowry, but the dowry system is completely different from the concept of stridhan.
Stridhan means gifts like jewelry, cash, property, etc., given voluntarily to women before, during, or after marriage by their parents, friends, husbands, or in-laws. When she gets the presents, she is the full and exclusive owner of the presents and has total rights to them.
Whereas a dowry is any money, valuable, or property demanded or given in connection with a marriage. It is given by the bride’s family to the groom’s family. It is the result of a demand or expectation instead of a voluntary blessing, making it unfair.
What Happens if the Husband or In-Laws Refuse to Return Stridhan?
If your husband or in-laws refuse to return your jewelry, cash, or other items, you do not have to be silent. The law provides remedies to help you to recover your property (Stridhan).
Under the law, the woman is the only owner of the gifts and valuables given to her.
If the husband or in-laws refuse to return the stridhan, then they have to face legal consequences.
- A woman can lodge an F.I.R. against her husband or in-laws for wrongful retention and non-return of stridhan under Section 316 of the Bharatiya Nyaya Sanhita (BNS) (formerly Section 406 of the IPC). Conviction can lead to imprisonment for 3 years, a fine, or both.
- During divorce procedures, the judge can issue specific orders directing the husband or in-laws to return the property or any valuable item they refuse to give or provide compensation instead of the stridhan under Section 27 of the Hindu Marriage Act.
Documents Required to Claim Stridhan
If you want to claim your stridhan, then these documents will help you to strengthen your case and ensure swift recovery through the courts and police.
- Jewelry purchase bill
- Proof of the wedding, such as a photo or video
- List of gifts and valuables.
- Bank transaction records or passbook
- Property documents
- Invoice of valuables
- Family member’s statement or witnesses.
If you lack any document or do not have the original copy of any bill. Then an experienced lawyer can help you to understand what the important documents are that can help you to claim what is yours or can help you in other ways too.
How Can an Advocate Help in Stridhan Recovery Cases in Chandigarh?
Legal disputes that involve stridhan become complicated, especially when they are connected to divorce, domestic violence, or any other marriage- or domestic-related case.
In these scenarios, an experienced lawyer can help you in many ways to make your case easy and help make your side strong and impactful.
An experienced advocate can help you
- Understand your legal rights.
- Assess the facts related to your case
- Prepare legal notices and other documentation.
- Represents you in front of the court
- Help you in the full recovery of your stridhan through the legal process
Getting legal guidance from an experienced advocate at an early stage of a case can help you save time and reduce complications. Advocate Amit Gupta has helped many people in Chandigarh get their stridhan without the usual stress. He knows the exact process, the right offices, and what to submit where. If you want it done correctly and quickly, getting legal help is the smartest move.
Conclusion
Stridhan is not just some collection of gifts received by a bride in a wedding; it is women’s legal property, whether it’s jewelry, antiques, land, or any vehicle. No person can take away her ownership right over those commodities. If your husband or in-laws are denying to return your stridhan, then you can use legal remedies available to you under the Indian judiciary.
