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Marriage and Divorce Law
Stridhan
Section 27 of the Hindu Marriage Act, 1955 says that in any
proceeding under this Act, the Court may make such provisions in
the decree as it thinks just and proper with respect to any
property presented, at or about the time of marriage, which may
belong jointly to both the husband and the wife. Refusal by
husband to return the gift items given to wife at the time of
marriage makes the husband liable for prosecution. The section
does not bar the right of the aggrieved person to file criminal
complaint under Section 406 I.P.C., if property belonging to the
complainant is criminally misappropriated by the accused. The
section empowers a Court while deciding a matrimonial dispute to
also pass a decree in respect of property, which may jointly
belong to both the husband and wife. This section at best provides
a civil remedy to an aggrieved wife and does not in any way take
away her right to file a criminal complaint if the property
belonging to her is criminally misappropriated by her husband.
The application for this purpose must be made before the
termination of matrimonial proceedings. Property belonging jointly
means joint user and not joint ownership. Any property presented,
from any source, to any one of the spouse at or about the time of
marriage, which have been in joint use can be regarded to belong
jointly to both of them.
In an application for return of presents given at the time of
marriage there must be pleadings that the articles belonged to
both the spouses jointly else Court will have no power to pass an
order. With regard to an item of gift which was made to any of the
spouses alone, trial court can not reject an application on the
ground that Section 27 is meant for joint property only and does
not cover the properties given individually to bride-groom and
bride.
The gifts made to the girl before, during and after the marriage
by the father, mother and brother present-in-law of the girl are
the part of the Stridhan. Section 27 and Section 14 of the Hindu
Succession Act do not abolish the concept of Stridhan. She is the
absolute owner of such properties and can deal with it in any
manner she likes. The husband has no right or interest in it,
except that in the lines of extreme distress as in illness etc.
Though the husband can utilize it but he is bound to restore it
when he is able to do so. When husband refuses to return Stridhan
property of wife, she can take recourse to above provisions to
recover the same. These provisions provide alternate remedy to the
wife apart from criminal proceedings under Section 406 of the
Indian Penal Code.
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