Stridhan: How to Get Back Jewellery, Gifts and Money After a Separation

In many of the separations I see, the wife leaves the matrimonial home with very little, and her jewellery stays behind, often in a locker in her husband's or his parents' name. Months later, it becomes one of the most bitterly contested issues in the case. The law on stridhan is clear and favours the woman. The difficulty is usually proof, and that is where early preparation makes the difference.

What Counts as Stridhan

Stridhan includes jewellery and ornaments given to the bride, gifts from her parents and relatives, gifts from her husband and his family made to her, cash and money given to her, and property bought with it. It does not matter whether the gift was made before the marriage, at the ceremony or afterwards. Under Section 14 of the Hindu Succession Act, 1956, property held by a Hindu woman is her absolute property.

The Husband's Family Holds It Only as Trustees

In Pratibha Rani v. Suraj Kumar (1985) the Supreme Court held that stridhan entrusted to the husband or his family remains the woman's property, and they hold it as trustees. The same position was affirmed in Rashmi Kumar v. Mahesh Kumar Bhada (1997). More recently, in Maya Gopinathan v. Anoop S.B. (2024), the Supreme Court reiterated that the husband has no control over his wife's stridhan, held that a civil claim for its return is decided on the balance of probabilities rather than on proof beyond reasonable doubt, and directed payment of compensation for gold ornaments that had been misappropriated.

Under Section 6 of the Dowry Prohibition Act, 1961, any dowry received by a person other than the woman must also be transferred to her.

The Routes to Recovery

• The Family Court. In a matrimonial proceeding the Family Court can decide disputes about the property of the spouses. Section 27 of the Hindu Marriage Act allows it to make provisions in the decree for property presented at or about the time of the marriage that may belong jointly to both spouses.
• The Magistrate under the Domestic Violence Act. Section 19(8) of the Protection of Women from Domestic Violence Act, 2005 allows the Magistrate to direct the respondent to return the woman's stridhan or any other property to which she is entitled. This is often the quickest route where a domestic violence application is being filed anyway.
• A criminal complaint. Dishonestly refusing to return stridhan that was entrusted to someone may amount to criminal breach of trust under Section 316 of the Bharatiya Nyaya Sanhita, 2023 (formerly Section 406 of the Indian Penal Code). A criminal complaint is a serious step with its own consequences, and I advise considering it only after the civil routes have been weighed.

Proof: What to Gather Early

The law is rarely the problem in a stridhan claim; proof is. As early as possible, a woman should gather:

• Wedding photographs and videos showing the jewellery being worn or presented;
• Bills and receipts for jewellery bought by her family, and bank records of payments;
• Locker details, including whose name the locker is in and any records of access;
• A list of each item, with an approximate weight and description and the name of the person who gave it; and
• Messages in which the jewellery or its whereabouts is discussed, kept in their original form.

Stridhan in a Settlement

Many separations end in a negotiated settlement, and the return of stridhan, or a payment in place of it, is usually one of its terms. Those terms should identify the items or the amount precisely, state when and how the return will take place, and be recorded before the court. A vague promise to "return the jewellery" invites a second dispute. See A Wife's Legal Rights When a Marriage Breaks Down.

Frequently Asked Questions