Recently, a viral claim made the rounds online about Indian women owning 11 per cent of the world’s gold. As unbelievable as this statement sounds, it may not be entirely inaccurate. The love affair between Indians and gold has been one for the ages. But why do we attribute these ownership figures to Indian women specifically? One of the reasons for this is the concept of Streedhan in India. Streedhan – a woman’s wealth – is meant to give financial security to women free from any man’s control, whether that is her husband or her father.
What does Streedhan include?
Streedhan, in most cases, includes jewellery gifted to the woman at any time in her life but especially during her wedding. Apart from jewellery, any gifts including cash, property, household items, or any assets gifted to, earned, or inherited by a woman are included in Streedhan. So, anything a bride receives at the time of her wedding, from her parents or in-laws, is legally her property. A woman has exclusive rights over her Streedhan as asserted by the Supreme Court in August 2024.
Streedhan laws in India
A woman’s Streedhan is protected under the Hindu Marriage Act, 1955, the Hindu Succession Act, 1956 and the Domestic Violence Act, 2005. Under Section 12 and Section 18 (ii) of the Domestic Violence Act, 2005, a woman who has been a victim of domestic violence has the right to get her Streedhan, including but not limited to her jewellery and clothes, back from her husband and/or in-laws. Section 27 of the Hindu Marriage Act, 1955, also says that if a woman’s property is in the custody of her husband or in-laws, they will be regarded merely as custodians or trustees of the property and are bound to return it to her.
Under Section 14 of the Hindu Succession Act, 1956, a woman will have absolute ownership of any property acquired by or owned by her before, during or after marriage. She will be free to keep or dispose of the property as she desires. However, if a woman is not the sole owner of a property or has limited ownership, such an asset will not be considered Streedhan.
Cases of Streedhan dispute
Even though Streedhan laws in India are fairly clear and easy to understand, there have been cases of dispute. In these cases, the courts have re-asserted the laws and ensured clarity in the definition of Streedhan.
In August 2024, the Supreme Court denied the claims of a man who demanded his daughter’s Streedhan back from her in-laws after her divorce and remarriage. The court said that even after a divorce, a woman’s father or any other man has no right over her Streedhan. One of the main factors here was that the woman had not authorised her father to file a case on her behalf regarding the return of her Streedhan.
Justice Sanjay Karol stated, “The jurisprudence, as has been developed by this court, is unequivocal with respect to the singular right of the female (wife or former wife as the case may be) being the sole owner of ‘Streedhan’. A husband has no right, and it must then be necessarily concluded that a father, too, has no right when the daughter is alive, well and entirely capable of making decisions such as pursuing the cause of the recovery of her ‘Streedhan’.”
“Husband has no control over Streedhan”
In another ruling in April 2024, the Supreme Court said that a husband has no control over his wife’s Streedhan. If any asset included in her Streedhan was used in a time of distress, he has a moral obligation to return it to his wife. In this case, the woman claimed 89 sovereigns of gold were gifted to her by her family during her wedding. After the wedding, she claimed that her father had given an additional amount of INR 2 lakh to her husband. She alleged that the jewellery was misused by her husband and his mother to dispose of their pre-existing debts.
Justices Sanjiv Khanna and Dipankar Datta said, “Properties gifted to a woman before marriage, at the time of marriage or at the time of bidding farewell or thereafter are her Streedhan properties. It is her absolute property with all rights to dispose at her own pleasure. The husband has no control over her Streedhan property. He may use it during the time of his distress but, nonetheless, he has a moral obligation to restore the same or its value to his wife.”
The court also acknowledged the increase in value over time of the gold sovereigns in question. At the time of gifting in 2009, the gold sovereigns were valued at INR 8.9 lakh. “Bearing in mind the passage of time, the escalation in cost of living, and in the interest of equity and justice, we deem it fit in exercise of power conferred by Article 142 of the Constitution of India to award to the appellant a sum of Rs 25,00,000.”
Streedhan laws in India aim to protect a woman’s financial security, especially in difficult times. In a patriarchal society that detests women who fight for themselves, it is imperative for every woman to know about the protection and rights rightfully given to her under the law.
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