And in later in 2009 she also field 406 for demanding her stridhan from her in laws. According to the age old Smritis and all old schools of Hindu law such as Dayabhaga, Mitakshara etc. If huge cash amounts are alleged to be given at the time of marriage which are not accounted anywhere, such cash transactions should be brought to the notice of the Income Tax Department by the Court so that source of income is verified and the person is brought to law. The woman has an absolute, exclusive dominion over all her Stridhan including movable and immovable property and has the power to sell, alienate or give it away as she pleases both during her lifetime and thereafter. The court said that the Protection of Women from Domestic Violence Act was meant to provide an effective protection to a woman and the court should adopt sensitive approach towards such complaints.
Rule 2 of the Dowry Prohibition Maintenance of List of Presents to the Bride and Bridegroom Rules, 1985 reads as under:2. Though judicial separation after a certain period may become a ground for divorce, it is not necessary and the parties are not bound to have recourse to that remedy and the parties can live keeping their status as wife and husband till their lifetime. All the gold ornaments, clothes and other items of dowry given at the time of marriage to a Hindu female are her Stridhan and she enjoys complete control over it. However, Streedhan gift from persons other than relatives are liable for income tax at the hand of bride and bride-groom. And no doubt mutual rights and obligations arising out of a marriage are suspended. Working women or not earning member of family, know your rights and assets.
She has an absolute right over all the Saudayika properties. On her death, her heir claimed properties on assertion that after coming into force of the Act, it became full estate. Mahesh Kumar Bhada the Supreme Court held that when the wife entrusts her Streedhan property with the dominion over that property to her husband or any other member of the family and the husband or such other member of the family dishonestly misappropriates or converts to his own use that property, or willfully suffers and other person to do so, he commits criminal breach of trust. But soon after Rani entered her marital home she was started being tortured by her in-laws for dowry. These resources are however not limited to the household necessities of the aggrieved person. It is, therefore, important that the task to remove these evils is carried forward at the individual level in a big way. Similarly, all movable and immovable properties transferred to her by way of an absolute gift in lieu of maintenance constitute stridhan.
Property given in lieu of maintenance- A hindu female can also be granted property for her maintenance under a family arrangement, or under a partition. The court held that case under 14 2 and limited estate would not be converted into absolute estate. Ashok Mishra In your case, if you have the receipts of the articles, then it would be a proof that those articles were handed over to the in-laws. Before my husband died I kept all the Jewelry and some property documents in the locker the name of my mother in law. Article shared by The Hindu Succession Act, 1956 has abrogated the law relating to Stridhan which existed prior to the incorporation of Section 14 in the Act. To quote Dr Ramesh L.
Kinds of Stridhana and incidents thereof: i Adhayagni—gifts given at the time of nuptial fire. If he is the opinion that it is possible to make the list at this stage of the case having regard to the peculiar facts and circumstances of the case then accordingly you may make the list. She has an absolute right over all the Saudayika properties. In spite of their resemblance they differ from each other in the following aspects. However, if her husband was to buy gift for her from his salary and give it to her, she can include it as stridhan. But we did not prepare any list at the time of her marriage. Stridhan — As per Hindu Law, stridhan is whatever a women receives during her life time.
This case has been followed in following case also, Raginiben G. The Metropolitan Magistrates should take cognizance of the offence under the Act in respect of the offence of giving dowry whenever allegations are made that dowry was given as a consideration of marriage, after demand. The Supreme Court in Punithavalli v. Any reference to any advocate on this website does not constitute a referral or endorsement, nor does it constitute an advertisement. Mahesh Kumar Bhadathe Supreme Court held that when the wife entrusts her StrIdhan property with the dominion over that property to her husband or any other member of the family and the husband or such other member of the family dishonestly misappropriates or converts to his own use that property, or wilfully suffers and other person to do so, he commits criminal breach of trust. The concept of Stridhan in case of an earning woman Now the paradigm takes a new shape with a contributing to the running of the house hold.
Have knowledge about the same. It includes deprivation of all or any economic or financial resources to which the woman is entitled under al the existing customary laws whether payable at the concern of the court or in any other manner. The bench clarified that separation under court order is different from divorce and the couple remains as husband and wife, although living separately. Under the residence orders: Prov. There is no way you can protect it. He was of the opinion that under the present scheme of laws there is no separate agreement and also there is an absence of concept of specific entrustment.
This evil has already taken the lives of many girls while many continue to suffer because of it like slow poison throughout their lives. If the marriage has been performed in the form of Brahma, Daiva, Gandharba or Prajapatya. So there is no tax advantage. My Grand mother elder sister dies in 200. How many of us agree to the above adage. The Apex Court observed that the case portrays the plight of an estranged married woman. Also, ensure that the gifts and their bills are in her name and preserve these bills.
This reasoning was given by the High Court by referring to the case of Vinod Kumar Sethi v. The division of, Stridhan by Katyayana into Saudayika and Asaudayika depends upon right of alienation. After the commencement of the Hindu Succession Act, 1956, every property held by a Hindu female on the date of the enforcement of Act, whether acquired prior or subsequent to the Act, became her absolute property. Over Asaudayika Stridhan the husband too has the right of ownership. A woman has inalienable right of Stridhan, and she can claim it even after separation from husband.