Criitical analysis on concept of stridhan

PREPARED BY:

NAMAN K MANKAD
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92001041014

SEMESTER-IV

B.COM LLB HONS.

FAMILY LAW-II
INTRODUCTION:

• Streedhan, according to Hindu law, is anything a woman receives during her lifetime. Streedhan encompasses all presents of
movable and immovable property received by women prior to marriage, during marriage, childbirth, and widowhood.
• The name 'Streedhan' is formed from the words 'Stri', which means woman, and 'dhana,' which denotes property.
• As a result, when these two terms are combined, we obtain 'property of woman,' her 'Streedhan.' Streedhan can be any mobile
or immovable property, including currency, ornaments, deposits, investments, receivables, and immovable property in any
form.
• The Smritikars defined "Stridhan" as the property that a female got as a gift from her kin, which primarily consisted of
movable property.
• Stridhan is reported to include gifts given by her wedding guests throughout both the bridal procession and the wedding
ceremony.
• In the case of Bhagwandeen Doobey v. Maya Baee (1869), the Privy Council stated that the properties that a Hindu female
acquires from males are not covered by Stridhan.
• Those properties will instead be classified as "women's estate.”
CONSTITUENTS OF STREEDHAN:
• The following was Streedhan in the hands of a woman, whether she was a maiden, married lady, or widow.

• According to the ancient Smritis and all old schools of Hindu law such as Dayabhaga, Mitakshara, and others.

• Before the nuptial fire, gifts were given to a woman.

• Gifts given to a bride during the wedding procession

• Father-in-and law's mother-in-gifts law's as tokens of affection

• Father, mother, and brother's gifts

• This is not a comprehensive list; gifts from a woman's husband's or parent's relatives

as well as gifts from sons and relatives, were added to the list, as were many others, as can be seen here.

• Streedhan also includes gifts and bequests from strangers received during maidenhood, marriage, or widowhood.

• If a woman receives an absolute gift or an interest in a share during her maidenhood, marriage, or widowhood,

the same sum is paid to her Streedhan.

• Property inherited by a woman becomes her Streedhan, as does property obtained by a woman through

mechanical skills or her own efforts.throughout her maidenhood, marriage, and widowhood.
For a married woman Streedhan falls under two heads:

1. The saudayika (love and affection presents) — gifts received by a woman from both male
and female relatives (parents and in-laws).
2. All other sorts of Streedhan, such as gifts from strangers, goods obtained via self-exertion,
or mechanical skills, are classified as non-saudayika.
• DOWRY VS. STREEDHAN
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In a country like India, where even the most strict laws have failed to totally eradicate the dowry scourge, 'Streedhan' has become a
requirement for every woman.
Women have the right to claim their riches at any time and utilise it in whatever way they see fit.
Streedhan is sometimes misconstrued as dowry, despite the fact that the law of the nation defines it differently.
. Dowry is defined by domestic law as any property or valuable security given or agreed to by the bride's side to the bridegroom's
family before, during, or after marriage by exploiting or threatening the girl or her family, whereas Streedhan is a voluntary gift given
to the bride as a stepping stone to establishing her own property by members of the bridal side.
There are strong Streedhan laws in place, and if the groom's side refuses to restore income when it is claimed, they may face severe
consequences under Sections 405 and 406 of the Indian Penal Code. The judiciary has attempted to make references to two notable
case-laws in order to shed light on the country's Streedhan laws and laws against Dowry.
STREEDHAN AND TAXATION LAWS:
Wealth Tax does not apply to streeedhan given by a woman's close relatives up to a specified sum at the time of marriage.
The 'Streedhan' must be given without expecting anything in return. It should be written and signed in the presence of witnesses by both parties,
indicating that the person providing it and the person receiving it.

PRATIBHA RANI VS. SURAJ KUMAR: A SOCIOLOGICAL IMPLICATION

Mrs. Pratibha Rani, the complainant, filed a lawsuit at the Court of CJM of Ludhiana against her husband and her in-laws. She had
been married in accordance with all Hindu norms, and her husband's family had requested money from her parents as a form of
consideration for the marriage. This demand was granted, and a dowry of Rs. 60,000/- in the form of jewels was delivered.

However, the accused continued to harass the complainant and eventually abandoned her. When the plaintiff later demanded the
things as part of her 'Streedhan,' the accused refused to relinquish them, claiming they were her dowry. The lower court, as well as
the Punjab and Haryana High Court, dismissed the appeal on the grounds that the case did not fall under section 405 of the IPC
because the husband's handling of the products did not constitute entrustment under the law.
This reasoning was given by the High Court by referring to the case of Vinod Kumar Sethi v. State of Punjab.
 CONCLUSION:
Certain women's estates have been abolished by section 14 of the Hindu
Succession Act 1956, however a reversioner's right under old Hindu law still
exists in respect of women's estates that are not covered by section 14.

Section 14(1) has a limited retroactive effect; it turns only those women's estates
into full estates over which she had possession at the time the Act was enacted. It
does not apply to women's estates over which the Hindu female had no possession
at the time the Act was enacted; in such cases, ancient Hindu Law remains to
apply. The words "any other instrument" appear in section 14(2). Using the
ejusdem generis principle, these words should be interpreted in conjunction with
the preceding words, "acquired by way of gift or under a will," and would
therefore refer to the instruments via which the Hindu female received title to
property.
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