One of the fundamental ideas that often gets twisted as well as misinterpreted in an intricate system of laws concerning marriage in India is the idea of "Stridhan." This tradition is one of the centuries-old traditions. It has a foundation in Indian culture and represents the money, presents, as well as the possessions that a bride-to-be takes to her new home after she gets married. It is highly significant from any cultural as well as legal point of view.
On the other hand, there is a misunderstanding about spouses' rights regarding Stridhan. It is important that we clarify and underscore that in Indian law, the husband has no rights over wife absolute property.
Stridhan: What is It?
- What spouses, parents, in-laws, and other family members give a woman out of love is called strychhan.
- It's not the same as the dowry that in-laws require.
- Individuals frequently mix up the two or attempt to exert control over Stridhan, which is solely a wife absolute property.
Why in the News?
Facts of the Case:
In the case of Maya Gopinathan vs Anoop S.B:
- The plaintiff asserted that, at the time of her marriage, her family had given her 89 sovereigns worth of gold.
- After the wedding, her father had also given her husband a cheque for ₹ 2 lakh.
- But shortly after the wedding, the wife claimed that her husband had taken custody of all of her jewels, including the stridhan, and given it to his mother to keep secure.
- The woman also mentioned that to pay off all their debts, her mother-in-law as well as her husband had stolen her stridhan property that she got from her home.
- The woman was first granted and allowed a favourable ruling by the Family Court. The court recognized that her husband as well as his mother had misappropriated her property of stridhan.
- On appeal, the High Court of Kerala, however, overturned one of the parts of the ruling it made, finding and discovering that the woman had not presented proof of misappropriation that was enough to decide the case.
- The woman then further moved the matter in hand to the Supreme Court of India because she disagreed with the ruling rendered by the High Court of Kerela.
Issue in the Case
- Does the husband have the right to his wife’s Stridhan?
Judgment of the Case
- The Supreme Court maintained the idea that "stridhan" is Women’s Property and is not under the husband's absolute right.
- The court stated that it is unlikely that a woman lacks confidence in her husband from the start and that mutual understanding and trust are crucial in a marriage.
- The Supreme Court chastised the High Court for failing to make the appropriate deduction from the evidence.
- It further mentioned, based on photos, that the plaintiff had brought enough jewellery to her married residence.
- The Court noted that the value of 89 sovereigns of gold was Rs 8,90,000/-in 2009, the year the case was filed.
- But keeping in mind the fairness of the parties, the Court also took into proper consideration the passing of time as well as the increase in expenses of living, and as well as it awarded the appellant a relief of 25,00,000 rupees.
- The husband is also granted a deadline of six-months by the court to provide her the specified amount stated.
Role of Matrimonial Lawyers
- Offers Objective Advice: The turbulence of matrimonial conflicts frequently impairs judgment, making it difficult to make impartial decisions. Matrimonial lawyers, they mostly provide guidance as well as clarity as unbiased advisors. This objectivity as well as the duty is mostly essential for making any kind of well-informed decisions that are free from any emotional influence.
- Prevents from Legal Mishaps: Matrimonial law is a highly complex procedure with many possible risks as well as hazards. Your case may be ruined by you missing any of the deadlines, incorrectly filed documents, or as well as any neglected assets. Matrimonial lawyers make sure that these mistakes are not made, which keeps your case moving in the direction of a favourable conclusion.
Therefore, it is crucial for women who are having trouble expressing their rights to matrimonial property to have legal counsel. Matrimonial law experts can provide direction and assistance throughout the legal procedure.
Sharks of Law is a one-stop legal destination of repository of matrimonial lawyers’ expertise in matrimonial property laws possessing the highest legal qualifications in matrimonial property matters. You can find a lawyer who satisfies your legal needs with this law firm for matrimonial property matters. The legal professionals at Sharks of Law have the necessary experience to offer you legal consultation in the areas of matrimonial property matters where you need it.
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