Streedhan SN PDF

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Streedhan As per the hindu family law...

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Streedhan – The Right of Woman One of the most widespread social evil that has plagued our modern society is the ‘dowry system’. This evil has already taken the lives of many girls while many continue to suffer because of it like slow poison throughout their lives. Even though we have to a great extent succeeded in creating awareness, the country in which we live has wide ethnic, linguistic, cultural diversities. As such in our society people may not pay heed to the calls of any particular organization when it comes to the eradication of social evils. It is, therefore, important that the task to remove these evils is carried forward at the individual level in a big way. However, there is one more aspect which we need to understand and that involves the right to avail ‘Streedhan’. We should be careful that even if dowry is denied, the bride does not lose her right to ‘Streedhan’ and in places where she has received the ‘Streedhan, her husband does not absorb it as his own money. There is a basic difference between ‘Streedhan’ and ‘dowry’ It is pertinent to mention here that under the pretext of a dowry-less marriage, patriarchal parents often deprive their girl children of equal rights to the property. The parents should give the daughter’s share of property in her name voluntarily to ensure financial security for an independent life, once she leaves her parental home for good. In many well-off families, dowry has become a tool to deprive daughters of their rightful share with a car, some gold, and some furniture while the lion’s share including land, houses, and bank balances etc. are kept exclusively for the benefit of sons[1].

CONSTITUENTS OF STREEDHAN The word ‘’Streedhan’ has been derived from the words ‘Stri’ meaning a woman and the word ‘dhana’ means property. Therefore on combining these two words, we get ‘property of woman’ her ‘Streedhan’. This is a concept, which came down all the centuries from the Hindu Smritis but has today, engulfed all forms of marriages in all visible castes and regions. According to the age-old Smritis and all old schools of Hindu law such as Dayabhaga, Mitakshara etc. the following was Streedhan in the hands of a woman whether she is a maiden, married woman or widow [2]. 1. Gifts made to a woman before the nuptial fire. 2. Gifts made to a woman at the bridal procession 3. Gifts made in token of love by father-in-law, mother-in-law 4. Gifts made by father, mother and brother This cannot be said to be a complete list so gifts made after marriage by a woman’s husband’s relations or parent’s relations and gifts from sons and relations got added to the list as so did many more as can be seen here. The question as to if a particular kind of property acquired by a woman was Streedhan or not also depended upon the source from which the property was acquired, the marital status of the woman at the time of acquisition whether she acquired it during her maidenhood, subsistence of marriage or widowhood. Gifts and bequests from a woman’s relations during maidenhood, subsistence of marriage or widowhood is all to be construed as her Streedhan. Gifts and bequests from strangers during maidenhood, subsistence of marriage or widowhood is also Streedhan. In effecting Partition if as an absolute gift or interest in a share is given to a woman whether during her maidenhood, marriage or widowhood the same amounts to her Streedhan. Property inherited by a woman becomes her Streedhan or property acquired by a woman by mechanical arts or by her own exertions during maidenhood, subsistence of marriage and during widowhood is Streedhan. Property obtained by a woman by compromise or family arrangement where there is no presumption of her taking only a life interest becomes her Streedhan[3]. Property obtained by a woman by adverse possession during maidenhood, subsistence of marriage and during widowhood is Streedhan. Property purchased with Streedhan is a woman’s Streedhan. Gifts made to the husband during and after marriage are not Streedhan. In case of a dispute over who were the gifts made to, more often than not woman is given a priority over the husband. For a married woman Streedhan falls under two heads[4]: 1. The saudayika(gifts of love and affection) – gifts received by a woman from relations on both sides (parents and inlaws). 2. The non-saudayika– all other types of Streedhan such as gifts from stranger, property acquired by self-exertion or the mechanical arts....