Wife can claim her stridhan
2) duration of marriage is immaterial
3) there is no such law that marriage has to last for certain duration then only stridhan can be claimed
Illegal/Unethical claim of Streedhan.
Suppose a girl asked for a divorce from her husband within 3 months of marriage and went back to her home leaving her in-law's home. Thereafter she claims for Streedhan, then in case the marriage did not even last for 3 months, can she claim for Streedhan? Is marriage duration is considered, if Streedhan is claimed by a girl? Is there any law related to it under the Hindu marriage act? Is there any law/clause/section in the Hindu marriage act which states that the marriage has to last a certain duration then the girl is can claim or ask for streedhan? Your advice will be really helpful, Thank you in advance.
Asked 5 years ago in Family Law
Religion: Hindu
16 Answers
Duration of marriage has no connection with streedhan. Streedhan is gifts presented to bride by her maternal and matrimonial side, friends and relatives. It is her absolute property. She can claim it any time. There is no waiting period for seeking streedhan.
Streedhan has been defined by the courts as money, immovable property or movable property which was either given to the bride by her parents at the time of her marriage or she brought along with her (her own property).
She has a right to the same and can demand it back irrespective of whether she went away after 3 months or three years.
That is the law.
Now marriage cannot be dissolved before 1 year has elapsed. You may file a s.9 application in tye family court if she has left without any reasons.
What is stridhan?
Stri means woman and dhan means her property.
Therefore she is the absolute owner of her stridhan irrespective of period of the marriage.
The husband or anyone cannot refuse to return her property.
It would be an offence under section 406 pic if her stridhan articles are not returned.
1. There is no length of married life to exercise the rights of a woman,
2. The wife even after one day of irrigate can claim whatever she is entitled to under law and equity.
3. Therefore return her stridhan and settle the dispute amicably.
Dear Sir,
1) Streedhan is the property that a woman obtains at the time of her marriage.
2) Women have an absolute right over their Streedhan.
3) There is no law that states a particular length of time for a women to become eligible to claim her Streedhan.
4) A woman’s right to her Streedhan is protected under law. S. 14 of the Hindu Succession Act, 1956 read with S. 27 of the Hindu Marriage Act, 1955 , “even if it is placed in the custody of her husband or her in-laws, they would be deemed to be trustees and bound to return the same if and when demanded by her”.
5) Wife can claim her streedhan anytime she wants.
Thank you
She can claim her streedhan irrespective of the duration of marriage as per law.
It's the settled law.
1. The title of the Streedhan of a wife is not dependent on the duration of her married life or her duration of stay with her husband.
2. The Streedhan belongs to the Stree.
Yes she can claim for streedhan its her right. But you can oppose the same in different consitions. You can approach me through linkedln for further action if required.
Yes, wife can ask for all gold ornaments which she has received as gift in the marriage from both side parents and in-laws.
You can ask for streedhan and other belonging as well.
Plus you can file for nullity of marriage with one year of marriage that is called annulment of marriage, so in future you will be not called as divorce but bachelor.
After agreeing for mutual divorce, wife is not coming forward to sign the petition. Wife asked for a mutual divorce from her husband, but she is not coming forward to sign the mutual divorce petition for the last 2 yrs & she is living separately from her husband since 2 yrs & currently staying with her parents. Can a legal notice be sent to her based on mutual divorce to come forward and sign the petition? As full & final amount has been also been agreed.Kindly advise what can be done based on mutual divorce?
Asked 4 years ago
If wife is not coming to court for filing of mutual consent divorce petition you can file fir divorce on grounds of mental cruelty
Yee you can send a legal notice and if she doesn't come file contested divorce
Dear Client,
If she is not ready for a mutual consent divorce and its even not possible for you to continue anymore, then you can file a petition for Divorce in the Court and you will have to contest the same in the Court.
Thankyou.
- All the ornaments are stridhan of the wife, 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.
- Further, if her husband or any other member of his family who are in possession of such property, dishonestly misappropriate or refuse to return the same, they may be liable to punishment for the offence of criminal breach of trust under sections 405 and 406 IPC.
- She can claim the same any time if she is not interested to continue with her husband.
- However , for divorce one year separation is necessary
- In mutual divorce , either of the party can backtrack and refuse for the divorce , as this divorce depend upon the mutual consent.
- Yes, a legal notice can be send to her to participate in the proceeding of mutual divorce
- On refusal , husband can file a divorce petition on the ground of cruelty and separation .
If she is reluctant to agree for mutual consent divorce, it would be better that the husband file a contested divorce on the grounds of cruelty and desertion instead of waiting for her to respond.
Her intentions may be different, hence it would be better that the husband files a contested divorce case on his own.
1. Sending of legal notice asking her to sign the MCD petition will be of no use. She can not be forced to sign the MCD petition against her wish.
2. You can file a divorce suit against her on the ground of cruelty and desertion.