Except for a few restrictions during coverture, a Hindu woman is the absolute owner of her stridhan.Any dues from her can also be recovered from her stridhan.Also, a woman who does not wish to accept stridhan cannot be forced to do so; she can choose to accept or reject the gifts given to her as part of the stridhan.Usually stridhan is passed from a mother to her daughters as per her wishes but as the sole owner of her stridhan a woman can will it away as she pleases.On her intestate death, all types of Stridhan, devolved upon her heirs in the following order:
- upon the sons and daughters (including the children of any pre-deceased son or daughter) and the husband,
- upon the heirs of the husband.
- upon the heirs of the father, and
- upon the heirs of the mother.
However, gifts to the husband by the woman or her relatives before,during and after the wedding are not part of her stridhan. Also the Dayabhaga School doesn’t recognize gifts of immovable property by a husband to his wife as stridhan.Also a woman’s inheritance of ancestral property forms her woman’s estate or widow’s estate and is not stridhan.
Stridhan has all the characteristics of absolute ownership of property. The stridhan being her absolute property, a woman has full rights of its alienation. This means that she can sell,gift, mortgage, lease, and exchange her property,in part or whole. This is entirely true when she is a maiden or a widow. Some restrictions are recognised on her power of alienation, if she is a married woman. For a married woman stridhan falls under two heads:
• The saudayika (gifts of love and affection)- gifts received by a woman from relations on both sides (parents and in-laws).
• The non-saudayika- all other types of stridhan such as gifts from stranger, property acquired by self-exertion or the mechanical arts.
Over the former she has full rights of disposal but over the latter she has no right of alienation without the consent of her husband during coverture. During the pendency of the marriage he has the right to it’s equal use.On the woman’s death it passes on to her heirs.
A woman’s right to her stridhan is protected under law.This comes in handy in case of matrimonial discord as a woman can have her stridhan or its value returned to her. In the case of Pratibha Rani v. Suraj Kumar, 1985 (2) SCC 370 the Supreme Court of India held that “a Hindu married woman is the absolute owner of her stridhan property and can deal with it in any manner she likes and, even if it is placed in the custody of her husband or her in-laws they would be deemed to be trustees and bound to return the same if and when demanded by her”.The position of stridhan of a Hindu married woman’s property during coverture is absolutely clear and unambiguous; she is the absolute owner of such property and can deal with it in any manner she likes-she may spend the whole of it or give it away at her own pleasure by gift or will without any reference to her husband. Ordinarily, the husband has no right or interest in it with the sole exception that in times of extreme distress, as in famine, illness or the like, the husband can utilize it but he is morally bound to restore it or its value when he is able to do so. This right is purely personal to the husband and the property so received by him in marriage cannot be proceeded against even in execution of a decree for debt, such being the nature and character of stridhan of a woman.If her husband or any other member of his family who is in possession of such property, dishonestly misappropriates or refuses to return the same, they may be liable to punishment for the offence of criminal breach of trust under sections 405 and 406 IPC. The offence of criminal breach of trust is punishable with imprisonment up to 3 years or fine or both.It is a cognizable, compoundable (up to Rs.250 only) and a non-bailable offence.
While the laws give Hindu women the means to be economically independent,due to ignorance of the law and a of lack of knowledge on how to move the courts women frequently lose out on their Stridhan.The following precautionary steps will ensure a woman will keep most of her stridhan in case of a break down in her marriage.
- She should make a list of the gifts and/or properties received before, during and after marriage from her family, husband’s family, friends and other acquaintances.
- She should keep evidence for the gifts received such as wedding pictures. Also, ensure that the gifts and their bills are in her name and preserve these bills.
- She should have witnesses – statements of witnesses will be important evidence – for gifts of movables (including jewellery) at the time of marriage.
- She should maintain a separate account in her name for her salary.
- She should get involved in the family financial decision-making and keep a record of bank accounts and the investments made out of her stridhan.
- She should ensure that the title to the property given to her and those bought from her stridhan are clear and that the investments made from these assets are in her name.
- She should open a bank locker in her name for storing jewellery and instruments of money, property and so on.
- It’s advisable for her parents to gift her income-generating property, rather than expensive consumer items which are difficult to account for.
Legal Evidence is required to claim stridhan:
PETITIONER: R. P. KAPUR
RESPONDENT: THE STATE OF PUNJAB
DATE OF JUDGMENT: 25/03/1960
BENCH: SHAH, J.C.
BENCH: SHAH, J.C.
SINHA, BHUVNESHWAR P.(CJ)
IMAM, SYED JAFFER
GUPTA, K.C. DAS
1960 AIR 862 1960 SCR (3) 311
CITATOR INFO :
R 1975 SC 706 (16)
Criminal Trial–Quashing of Proceedings -Inherent power of High Court–When to be exercised–Code of Criminal Procedure, 1898 (V of 1898), s. 561-A.
- Subsequently the High Court dismissed the petition. K obtained special leave and appealed: Held that no case for quashing the proceedings was made
- The following are some
(i) where there was a legal bar against the institution or continuance of the proceedings;
(ii) where the allegations in the first information report or complaint did not make out the offence alleged; and
(iii)where either there was no legal evidence adduced in support of the charge or the evidence adduced clearly or manifestly failed to prove the charge.
- In exercising its jurisdiction under s. 561-A of the Code the High Court cannot embark upon an enquiry as to whether the evidence in the case is reliable or not . In the present
- Govind Bhandhu
CRIMINAL APPELLATE JURISDICTION: Criminal Appeal No. 217 of 1959.
Appeal by special leave from the judgment and order dated September 10, 1959 of the Punjab High Court in Criminal Misc. No. 559 of 1959.
Appellant in person.
- M. Sikri, Advocate-General for the State of Punjab, Mohinder Singh Punnan, T. M. Sen and D. Gupta, for the respondent.
- When the appellant found that for several months no further action was taken on the said First Information Report which was hanging like a sword over his head he filed a criminal complaint on April 1, 1959, against Mr. Sethi under ss. 204, 211 and 385 of the Indian Penal Code and thus took upon himself the onus to
- After hearing arguments the learned Magistrate ordered that the appellant’s complaint should stand adjourned.
- Pending the hearing of the said petition in the
- It is against this order that the appellant has come to this Court by special leave, 50 390
- Earnest money was accordingly paid to the vendors and it was agreed that the sale had to be completed
- Some of the persons concerned in the said lands filed
- That is how the title of the lands in question passed to Mrs. Kaushalya Devi. The First Information Report filed by Mr. Sethi alleges that
The appellant also represented to Mr. Sethi, according to the First Information Report, that since under the scheme no person would, be allotted more than one 391 plot he would have to surrender a part of his land; that is why as a friend he was prepared to give to Mr. Sethi one plot at the price at which it had been purchased. According to Mr. Sethi the appellant dictated an application which he was advised to send to the Secretary of the Ministry of Works and he accordingly sent it as advised. The First
- Sethi stated that he would have liked to add one clause to the deed to the effect that in the event of the authorities not accepting the sale for the purpose of allotment, the amount
- The appellant urged before the Punjab High Court
- The question which arises for our decision in the present appeal is: Was the Punjab High Court in error in refusing to exercise its inherent
- jurisdiction under s.561 -A of the Code in favour of the appellant ?
- It is well-established that the inherent jurisdiction of the High Court can be exercised to quash
- However, we may indicate some categories of cases where the inherent jurisdiction can and
- Cases may also arise where the a11egations in the First Information Report or the complaint, even if they are taken at their face value and accepted in their entirety, do not constitute the offence alleged; in such cases no qu es-
- In cases falling under this category the allegations made against the accused person do constitute an
is legal evidence which on its appreciation may or may not support the accusation in question. In exercising its jurisdiction under s. 561-A the High Court would not embark upon an enquiry as to whether the evidence in question is
- That is the function of the trial magistrate, and ordinarily it would not be open to any party to invoke the High Court’s inherent jurisdiction and’ contend that on a reasonable appreciation of the evidence the accusation made against the accused would not be sustained. Broadly stated that is the nature and scope of the inherent jurisdiction of the High Court under s. 561-A in the matter of quashing
- 452 of the Code and it does appear from the judgment of the High Court that the learned judge elaborately considered all the
- It is, however, clear from the judgment that the learned judge was very much
- Besides, in the opinion of the learned judge the evidence on which the prosecution relied showed that the essential ingredients of
- It is
- We have merely referred to the relevant findings recorded by
(2) (1954) 56 Punjab L.R. 54.
(3) (1924) I.L.R. 27 Mad. 722.
(4) (1899) I.L.R. 26 Cal. 786.
(5) A.I.R. 1924 Cal. 1018.
(6) (1953) 55 Punjab L.R 77.
- His argument, however, is that the evidence on record clearly and unambiguously shows that the allegations made in the First Information Report are untrue; he also contends that ” certain powerful influences have been operating against him with a view to harm him and debar him officially and
- Sethi against him”. In this connection he has naturally placed emphasis on the fact that the investigating agency has acted with
It is true that though the complaint against the appellant is essentially very simple in its nature the police authorities did not make their report for nearly seven
- months after the First Information Report was lodged. We have already indicated how the appellant was driven to file. a complaint on his own charging Mr. Sethi with having filed a false First Information Report against him, and how the
- It is perhaps likely that the appellant being the senior-most Commissioner in the punjab the investigating authorities may have been cautious and circumspect in taking further steps on the First Information Report; but we are
- Even so it is
- court should be quashed. We must, therefore, now proceed to consider the appellant’s
- 20,000 as a result of the several misrepresentations alleged in the First Information Report.
- Sethi any information about the pendency of the proceedings before the Collector, and fraudulently re-
- According to the appellant, if the correspondence on the record is considered, and the
- We are anxious not to express
- We would, however, like to emphasise that in rejecting the appellant’s prayer for quashing the proceedings at this stage we are expressing no opinion one way or the other on the merits of the case.
- The appellant has come to this Court under Art. 136 of the constitution against the decision of the Punjab High Court; and the High Court has
- Under the circumstances of
Recent case Laws:
Important Sections Under Income Tax Act to fight false claims:
1. Use RTI to get the information about your FIL/MIL/BIL or whoever is claiming that he has invested such amount on the particulars that whether he/she has paid ITR for such amount during such financial year or not.
2. Your RTI letter should be addressed to PIO of Income Tax office of his jurisdiction.
3. If you get satisfactory information then write a letter
To,The Central /State Public Information Officer or Assistant Public Information Officer attaching the RTI letter with it.
4.Your petition should be well clear that you have got the information from Income tax department only and now you need an inquiry for such act.The Reason should be well written in the format and you should also write your case No. and how your In-laws are blackmailing and harassing you with false claims.You should also write that they should be sued and Tax should be recovered.
5. Following are the few important sections of Income Tax Act through which they are legally bound to answer and investigate and sue them for their illegal deeds.
U/S 68, 69, 69A & B, 69C & D and section 133(5) of Income Tax Act, 1961 are applicable
Section 68 of Income Tax Act, 1961 deals with cash credits proving identity of the creditor, capacity of the creditor, genuineness of the transaction are the important things of this section.
Section 69, 69A & 69B of Income Tax Act, 1961, deals with unexplained investment, unexplained money & investment not fully disclosed in books of accounts.
Section 69C, of Income Tax Act, 1961deals with the unexplained expenditure, the important requirement of this section is that an expenditure has been found to have been incurred by an assessee in any financial year and the assesses fails to indicate satisfactory source of such expenditure.
Section 133(5) , of Income Tax Act, 1961 it is mandatory to file income tax return on the expenditure incurred on any function or ceremony
Compiled By (ESIS)