• Question regarding Streedhan

My in-laws have kept my jewelleries gifted to me by my parents and relatives during my marriage with them, it’s been like 8 years now since my marriage.. When I asked them to return my jewelleries gifted to me by my parents and relatives they are asking me to return them the jewelleries which are gifted to me by them (i.e., my in-laws )during the rituals of my marriage.. What should I do now?? Shall I return them the jewelleries gifted to me from my in-laws side to collect the jewelleries gifted to me by my parents and relatives ?? Plz suggest a legally correct thing what should I reply them..
Asked 3 years ago in Family Law
Religion: Hindu

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11 Answers

Jewellery gifted by your in laws constitutes your stridhan 

 

2) you are not bound to return the jewellery 

 

3) your in laws cannot retain your jewellery 

 

4) file police complaint against them for criminal breach of trust under section 406 of IPC

 

5) enclose transcripts of audio recordings wherein they admit jewellery is in their possession 

Ajay Sethi
Advocate, Mumbai
94719 Answers
7532 Consultations

5.0 on 5.0

Hello,

  1. The fact is that whatever is gifted to you by your in-laws after maariage also becomes srtidhan and as such they cannot place that as a condition to return whatever jewelries you had received as  gift during your marriage. All of it together form stridhan.
  2. In case your disputes reaches the point where you decide to file for divorce and the divorce is filed on mutual consent, you may return them the jewelries they gifted to you. In any case, you cannot be compelled to part with the jewelries, even if they are gifted to you by the in laws.

S J Mathew
Advocate, Mumbai
3547 Answers
175 Consultations

5.0 on 5.0

Gifts bestowed on bride in marriage by parents, in laws, friends are relatives is her exclusive streedhan. What the in laws are doing is mean and illegal. Give them a fitting reply, “Property given to a Hindu female, whether during maidenhood, covertures or at marriage ceremony is by her parents and their relations or by husband and his relations is streedhan according to all school of Hindu law.” you should also know you legal rights in case you need to use them. I am forwarding most of law that is in your favor. It better to be informed. You are a educated lady, you understand and also guide others. I am not saying you need to use them but just in case you require them. Information will make you more confident.  

You have many options. Law is in favor of women. They are doing this because you are tolerating it once you enforce your rights they will realize their mistakes and mend their ways. Following  remedies are available to you…

  1. Under Domestic Violence Act, 2005—
  2. You, any relative or friend on your behalf or an Advocate engaged by you can submit an application to the Magistrate or police. A notice  will be served on husband and he will be asked to attend the court on a particular date. If he fails to attend court, he will be arrested by police and brought to court. You can obtain any or all of the following  orders…
  3. Protection order prohibiting husband from—
  4. committing any act of domestic violence;
  5. entering the place of your employment;

  • attempting to communicating with you;

  1. selling any assets, operating bank accounts or bank lockers held jointly by both or singly by husband including streedhan.
  2. Residence order. Police will force your husband to give shelter in the shared house and restrain him from dispossessing you.
  3. Monetary reliefs:
  4. To meet the expenses incurred and losses suffered as a result of domestic violence;
  5. Loss of earnings;

  • Medical expenses;

  1. Maintenance for wife and children;
  2. Lump sum payment.
  3. Compensation: compensation and damages for injuries, including mental torture and emotional distress.

  4. Code of Criminal Procedure, 1973, Section 125: you can obtain monthly maintenance for yourself and child.

  5. Indian Penal Code, 1860: You can file criminal case under Section 498A if there is cruelty or demands of dowry for which punishment is imprisonment upto three years.
  6. If they are not giving your belongings, you can file case against them under Section 406 of Indian Penal Code, 1860 for criminal breach of trust for which punishment is 3 years.
  7. Hindu Minority and Guardianship Act, 1956: father is natural guarding of boy or girl. Till the age of five years, custody will be with mother with visiting rights to father and after 5 years it will be with father with visiting rights to mother.

Employed or not, he is bound to pay for maintenance of his son. It is not easy for him to get divorce, unless you agree.  If he files divorce he has to pay of alimony compensation running into lacks. His son has right to share in his property.

It is strongly advised that you should…

  1. secure your ornaments by obtaining order, not to operate bank locker and bank accounts under Domestic Violence Act, 2005.
  2. Restrain him from house transferring as the same belongs to you son.

 

Ravi Shinde
Advocate, Hyderabad
4042 Answers
42 Consultations

5.0 on 5.0

Streedhan comprises of all the gifts the bride receives from both her parents and parents-in-law. Except the bride, no other person, including the parents' and parents-in-law have anyright over the Stridhan. Your parents-in-law do not have any right to keep the jewelry given as gift by your parents. Tell them that the Streedhan is your personal property and your in-laws have no other alternative other than hand it over to you.

Thank you.

Shashidhar S. Sastry
Advocate, Bangalore
5116 Answers
314 Consultations

5.0 on 5.0

Actually both the jewellery become your streedhan if the same are gifted by in-laws or parents and can be kept to yourself as matter of right. 

Prashant Nayak
Advocate, Mumbai
31951 Answers
179 Consultations

4.1 on 5.0

- As per the Supreme Court, A wife has complete ownership rights over all her Streedhan, the gifts and money given to her before and after marriage. The denial of Streedhan to the wife makes the husband and in-laws liable for criminal charges. 

- Further, all the ornaments are your stridhan , because section 27 of the Hindu Marriage Act, makes a female Hindu an absolute owner of Stridhan and gift received at the time of marriage.

- Hence, if they are not returning the jewellery , then you can file complaint against them for the offence of criminal breach of trust under sections 405 and 406 IPC.

- Further, you are not under obligation to return any jewellery items to them ,even it gifted by them. 

Mohammed Shahzad
Advocate, Delhi
13222 Answers
198 Consultations

5.0 on 5.0

1. The jewelries gifted by your in-laws at the time of your marriage and thereafter are also considered as your Streedhan as per law.

 

2. So, do not return those Jewelries to your in laws and lodge a police complaint for their not usurping your Streedhan.

Krishna Kishore Ganguly
Advocate, Kolkata
27219 Answers
726 Consultations

5.0 on 5.0

If you have obtained divorce from your husband then why keep the jewellery with you. You are entitled to the streedhan and accordingly you should write to them through a legal professional to return the jewellery to you.

Garima Anil Mehrotra
Advocate, Mumbai
514 Answers
1 Consultation

4.9 on 5.0

If the items belonging to you which is held by them has got more value than the items what they gifted to you,  then you can return them their valuables in exchange of your own articles held by them. 

If you plan to approach police or court for recovery of your articles it may take years for disposal and there's no guarantee that you will get back your articles without returning their articles though the law states that all the items given to you as gift shall become your own property which is precisely called as stridhan. 

 

If compromise arrangement is favorable you can prevent loss of money,  time and energy in the form of litigation. 

T Kalaiselvan
Advocate, Vellore
84920 Answers
2195 Consultations

5.0 on 5.0

It's advisable for you to do so on basis of Memorandum of Understanding between you and your relatives for getting back your ornaments.

 

You may approach the Court for protection of your Streedhan by filing family suit against the relatives who took away your ornaments. You must be well versed with ornaments quality, quantity, design and price in approximate terms. Mention that in the petition. 

 

Pooja Ashar
Advocate, Ahmedabad
232 Answers
4 Consultations

5.0 on 5.0

Dear ma'am,

 

You need not give them any of your jewellery. You have a legal right over all of it as it constitutes your Streedhan. Kindly do not succumb to in laws pressure. This types of cases are very common in our country and the legal position is very strongly in favor of women. A wife has complete ownership rights over all the gifts and money given to her before and after marriage. If Streedhan is snatched or denied to the wife, it makes the husband and in-laws liable for criminal charges.

Inform them about your rights and  legal action that you can take against them. If they do not take you seriously, issue a legal notice demanding that they return all jewellery back to you. Even then if they don not oblige, you can file complaint against them for the offence of criminal breach of trust under sections 405 and 406 IPC. Thank you.

Anik Miu
Advocate, Bangalore
8879 Answers
110 Consultations

4.7 on 5.0

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