INTRODUCTION:-
Recently, the Supreme Court set aside a High Court judgment which refused to quash the charges framed against the in-laws of a woman under Section 482 of Code of Criminal Procedure, 1973. In this case, the father of a woman had filed FIR under Section 406 of IPC (Criminal Breach of Trust) and Section 6 of the Dowry Prohibition Act, 1961 and consequently criminal proceedings were initiated against the in-laws of his daughter. He had filed the said FIR on the ground that his daughter’s in laws had refused to provide him the Stridhan Properties given by him to his daughter.
In the judgment of Mulakala Malleshwara Rao and Anr. v. State of Telangana & Anr. dated 29.08.2024, the Supreme Court in an FIR filed by father for return of Stridhan properties, quashed the charges framed against in laws of his daughter on the ground that it is only a woman who has rights to move the court for return of Stridhan properties and her father cannot set the criminal law into motion.
WHAT AMOUNTS TO STRIDHAN?
A woman may receive Stridhan properties by way of gift, will or any other mode and it is her absolute property. Husband has no control over the Stridhana property. Husband may use it at the time of distress however he has a moral obligation to restore the same or its value to his wife. The properties gifted to her before the marriage or at the time of marriage or at the time of giving farewell or thereafter are her Stridhana properties. For instance, the following properties come within the definition of Stridhan Properties:-
1. Gifts made before the nuptial fire to mean gifts made at the time of marriage before the fire
2. Gifts made at the bridal procession, that is, while the bride is being led from the residence of her parents to that of her husband;
3. Gifts made in token of love, that is, those made through affection by her father-in-law and mother-in-law;
4. Gifts made at the time of her making obeisance at the feet of elders
5. Gifts made by father.
6. Gifts made by mother etc.
HUSBAND OR FATHER HAVE NO RIGHTS OVER THE STRIDHAN PROPERTY OF WOMAN:-
The jurisprudence as has been developed by this Court is unequivocal with respect to the fact that a husband has no right, and it has to then be necessarily concluded that a father too, has no right when the daughter is alive, well, and entirely capable of making decisions such as pursuing the cause of the recovery of her ‘stridhan’.
This principle can also be understood from Section 14 of the Hindu Succession Act, 1956. In some rare cases, the woman can give Special Power of Attorney to the person of her choice under Section 5 of the Power of Attorney Act, 1882 to alienate or do such other acts with respect to her Stridhan Property.
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