Is Streedhan the wife’s absolute property?

Yes. The Supreme Court held stridhan is the woman’s absolute property under Section 14, Hindu Succession Act.

Does joint holding of Streedhan create a partnership?

No. Mere joint custody with the husband does not create any legal partnership or co-ownership.

Is refusal to return Streedhan a crime?

Yes, refusal to return on demand may amount to criminal breach of trust under IPC Section 405, subject to proof.

Can Section 27 of the Hindu Marriage Act take away Streedhan?

No. Section 27 deals with property jointly belonging to both spouses; it does not dilute a wife’s absolute rights over stridhan.

What was ordered against the husband in this case?

The accused husband was to be summoned and tried under criminal law for alleged breach of trust regarding stridhan.

PRATIBHA RANI v. SURAJ KUMAR

Quick Summary

Core holding: Streedhan (stridhan) is the wife’s absolute property (HSA §14). The husband has no right over it.

If he refuses to return her streedhan on demand, it can amount to criminal breach of trust under IPC §405, and he may be put on trial.

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Issues

Does the husband have any right over the wife’s streedhan?

Does joint holding of streedhan create a legal partnership between spouses?

Does refusal to return streedhan on demand attract IPC §405 (criminal breach of trust)?

Rules

HSA §14: Property possessed by a Hindu female is her absolute property, whether acquired before or after 1956.
HMA §27: Courts may deal with jointly belonging property given at/around marriage—this does not convert streedhan into joint property.
IPC §405: Dishonest misappropriation or refusal to return property entrusted can be criminal breach of trust.

Facts (Timeline)

Timeline visual of dowry/streedhan dispute and litigation steps

Marriage per Hindu rites. Husband’s family demands dowry; gold, clothes, valuables (~₹60,000) are given and entrusted to husband’s side.

After marriage, wife is teased, harassed, beaten, and finally turned out with children.

She alleges her streedhan items were illegally retained; demands return; refusal follows.

Lower court and P&H High Court dismiss her complaint, saying entrustment and IPC §405 are not made out.

On appeal, the Supreme Court considers whether refusal to return streedhan can be CBT and the nature of streedhan rights.

Arguments

Appellant (Wife)

Dowry/streedhan was entrusted to husband’s family; refusal to return is CBT (IPC §405).
Under HSA §14, streedhan is her absolute property; husband has no share.
Joint custody does not create partnership or co-ownership.

Respondent (Husband)

Handling over items to husband does not amount to “entrustment.”
Dispute is matrimonial and civil; criminal law should not apply.
Some items are allegedly joint or for common use (HMA §27).

Judgment

Summons & Trial: The husband was to be summoned and tried for criminal breach of trust regarding streedhan (IPC §405).
No Partnership: Joint holding of streedhan does not create any legal partnership or co-ownership.
Absolute Right: Husband has virtually no right over streedhan; it is the wife’s absolute property.

Ratio Decidendi

Streedhan remains the exclusive property of the wife. A dishonest refusal to return it after demand satisfies the elements of entrustment and misappropriation under IPC §405, warranting criminal process.

Why It Matters

Protects women’s property within marriage.
Clarifies that civil marriage disputes do not bar criminal remedies for misappropriation.
Guides trial courts on summoning in streedhan complaints.

Key Takeaways

Streedhan = wife’s absolute property (HSA §14).
Joint holding ≠ partnership/co-ownership.
Refusal to return may be CBT (IPC §405).

Mnemonic + 3-Step Hook

Mnemonic: “HER GOLD, HER HOLD.”

Identify: Is it her streedhan? (gifts, ornaments, valuables)
Demand: She asks for return; refusal follows.
Proceed: Consider CBT (IPC §405) + civil reliefs as needed.

IRAC Outline

Issue	Rule	Application	Conclusion
Husband’s rights over streedhan? Is refusal CBT?	HSA §14; HMA §27; IPC §405.	Items entrusted to husband’s family; refusal to return on demand suggests misappropriation.	Husband to be summoned and tried for CBT; streedhan is wife’s absolute property.

Glossary

Streedhan (Stridhan): Property gifted to a woman before/at/after marriage; remains her absolute property.
Criminal Breach of Trust: Dishonest use or refusal to return property entrusted (IPC §405).
Entrustment: Handing over property to someone to hold for a purpose, creating responsibility to return/account.