'Streedhan' Belongs To Wife, Husband Has No Right Over It: Supreme Court

The Supreme Court has reiterated that husbands have no control over their wives 'streedhan' (woman's property), emphasising that it remains the woman's absolute property, even if the husband uses it in times of distress. The court directed a man to pay ₹25 lakh to a woman in return for her lost gold, highlighting the moral obligation of husbands to return 'streedhan' to their wives.

The case involved a woman who claimed that her family had gifted her 89 sovereigns of gold at the time of her marriage, along with a cheque for ₹2 lakh from her father to her husband.. She claimed that on the first night of their marriage, the husband took custody of all her jewellery and gave it to his mother under the guise of safekeeping. However, she alleged that her husband and mother-in-law misappropriated all her jewellery to settle their financial liabilities

In 2011, the Family Court ruled that the husband and his mother had misappropriated the woman's gold jewellery, ruling in favour of the woman. However, the Kerala High Court partially set aside this decision, stating that the woman had not proven the misappropriation of gold jewellery.

The woman appealed to the Supreme Court, which upheld the principle that 'streedhan' remains the woman's property and the husband has no control over it. The court noted that trust and mutual understanding are essential in marriage and it is improbable to assume that a woman does not trust her husband from the beginning.

The apex court criticised the High Court for not drawing the right inference from facts. It also noted that the appellant had brought sufficient jewellery to her matrimonial home, as evidenced by photographs.

Considering the passage of time and the increase in the cost of living, the Supreme Court, under Article 142 of the Constitution of India, awarded the woman Rs 25 lakh in lieu of 89 sovereigns of gold, valued at ₹8.90 lakh in 2009.