What is Streedhan?
Streedhan refers to all property, gifts, ornaments, and money voluntarily given to a woman before, during, or after marriage by her parents, in-laws, relatives, or husband. It is legally considered the exclusive property of the woman under Indian law.
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Who Legally Owns Streedhan?
Indian courts have clearly ruled that Streedhan belongs solely to the woman. No one—not the husband, in-laws, or anyone else—can legally claim ownership or dispose of it without her consent.
Under Indian law, Streedhan is the exclusive property of the woman—whether it was gifted to her before, during, or after marriage. It includes all items such as jewelry, cash, property, or other valuables that are voluntarily given to her by her parents, in-laws, relatives, friends, or even strangers.
The Supreme Court of India and various High Courts have repeatedly emphasized that Streedhan is not a joint family property and does not belong to the husband or his family. It cannot be taken away, controlled, or disposed of without the woman’s free and informed consent.
Even if the items are in the custody of the husband or in-laws—for example, gold jewelry kept in their locker—they are considered to be held in trust for the woman. Refusal to return Streedhan, or misappropriating it, may amount to criminal breach of trust under Section 405 and 406 of the Indian Penal Code (IPC).
This legal protection empowers women to demand the return of their Streedhan at any time, even after years of separation or divorce.
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How to Claim Streedhan Back
If a woman is denied access to her Streedhan, she has the right to legally demand its return. A legal notice may be served, or a police complaint can be filed under Section 406 IPC for criminal breach of trust.
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Filing a Case for Streedhan Recovery
To file a case for recovery, women can:
- Approach the police or file an FIR
- Include Streedhan recovery in a domestic violence case under the DV Act
- File a separate complaint under Section 406 IPC
Legal documentation and evidence (wedding photos, bills, witness statements) strengthen the case.
If a woman is denied her Streedhan by her husband or in-laws, she has multiple legal options to recover it. Indian law offers both civil and criminal remedies, and the woman can pursue any or all of them based on the situation.
Here’s how the process typically works:
1. Filing an FIR with the Police
A woman can directly approach the nearest police station and file a First Information Report (FIR) for recovery of Streedhan. This is especially effective if the items are still in possession of the husband or his family and there is refusal to return them. The complaint can invoke Section 406 IPC (Criminal Breach of Trust).
2. Include Streedhan in a Domestic Violence (DV) Case
If the woman is already pursuing a case under the Protection of Women from Domestic Violence Act, 2005, she can include a prayer for Streedhan recovery in the same proceeding. The DV Act allows for return of property and monetary relief, which can include items categorized as Streedhan.
3. File a Separate Criminal Complaint under Section 406 IPC
Even if there is no ongoing domestic violence case, a woman can file an independent criminal complaint in a magistrate’s court under Section 406 IPC, which deals specifically with criminal breach of trust. Conviction under this section can lead to imprisonment and/or fine for the offending party.
4. Strengthen the Case with Evidence
Proper documentation and evidence increase the chances of successful recovery. This may include:
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Wedding photographs showing the handing over of gifts
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Bills or invoices for jewelry, appliances, or other valuable items
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List of items exchanged during the wedding (preferably signed by both parties)
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Witness statements from family members, friends, or anyone present during the wedding or gifting
In many cases, courts have ordered the return of Streedhan or compensation if the property cannot be returned. The law firmly supports the woman’s ownership of her Streedhan, and courts have stressed that withholding or denying it is a serious offense.
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Important Court Rulings
The Supreme Court of India has upheld that Streedhan is a woman’s absolute property, and denial or misuse by in-laws/husband can attract criminal liability. Courts have also clarified that even if divorce has been initiated, a woman retains rights over her Streedhan.
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Tips for Protecting Streedhan
- Keep a list of gifts received during marriage ceremonies
- Preserve bills, receipts, and photographs
- Store valuable items in a locker registered in the woman’s name
- Ensure clear documentation of Streedhan in case of separation or disputes
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When and Where to Seek Legal Help
Women can seek assistance from:
- Family courts
- Mahila Police Stations
- District Legal Services Authorities (DLSA)
- NGOs and women’s legal cells
Timely action is crucial to prevent loss or misuse of Streedhan property.
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