• Question on Stridhan

My wife and I are not staying together since 2014. She has made a claim on all furnitures, electrical and electronics equipment.under “Stridhan”

1. After marriage, Her father had deposited 50,000 in my account to purchase electrical equipments. I put some money from my own pocket and bought bed, refrigerator, stove burner, dining table etc. 

All are on my name. Can she make claim on all above under “Stridhan”

2. If I agree to give her everything, Can I ask her come and collect it? She (via her lawyer) stated that I will need to transport all furnitures and “Stridhan” at 
a) the court where legal matter is pending, OR
b) where she is residing with her parents.

 I live in Kalyan (near Mumbai), the legal case and she residing in Kolkata. 
I am afraid it will cost me 10 times more on movers and packers than the actual furniture and Stridhan is worth?

 DOES Law really states that i need to give her HOME DELIVERY or I can ask her to come and collect from my flat?
Asked 4 years ago in Family Law
Religion: Hindu

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5 Answers

She cannot make claim on all above under stridhan 

 

her parents had deposited Rs 50000 return the same with interest 

Ajay Sethi
Advocate, Mumbai
100015 Answers
8164 Consultations

1.  She can claim her stridhan articles as a right. You have to sort out what all items that she bought or brought as stridhan and remove the items bought by you out of your funds from the list and return all her articles.

2. You can decide about it on your own, there is no provision in law for this. You can ask her to come and collect all those articles by herself from your residence at a time fixed earlier at her own cost and refuse to spend on the transportation of the goods to her place or to the court especially in the absence of a court order on this arrangement.

You may ask her to get a court order to that effect so that you can comply with the orders passed by court in this regard. 

T Kalaiselvan
Advocate, Vellore
90218 Answers
2507 Consultations

Dear client, 

Your wife can only claim those properties as stridhan which have been acquired by her by:

  • Gifts and bequests received from relations 

  • Gifts and bequests from non-relations/strangers

  • Property acquired by self exertion, science and arts. 

  • Property purchased with the income of stridhan.

  • Property purchased under a compromise.

  • Property obtained by adverse possession.

  • Property obtained in lieu of maintenance.

  • Property received in inheritance.

  • Property obtained on partition.

There is no provision in law which states that the stridhan must be home delivered or collected, it can be as per the wishes of the parties. 

Thank you. 

 

Anik Miu
Advocate, Bangalore
11081 Answers
125 Consultations

1. No

2. You can deposit everything in police Or handover it before police Or women cell understand cctv surveillance

Prashant Nayak
Advocate, Mumbai
34693 Answers
249 Consultations

- All the ornaments are stridhan of your 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, 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. 

- Hence, if the said items are given by her parents or by way of gift then she can claim under Streedhan. 

- If you want to return these items to her , then you can send to her even by way transport to her place after taking properly inventory. 

Mohammed Shahzad
Advocate, Delhi
15861 Answers
243 Consultations

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