Allahabad High Court On Streedhan

The Allahabad High Court has clarified the unusual legal position regarding the restoration of "stree dhan" in marriage disputes under Hindu law with this historic ruling. Undue postponement in wedding proceedings might defeat the urgent process of winding up matrimonial matters. A division bench composed of Justice Arindam Sinha and Justice Avnish Saxena ruled that streedhan claims cannot be pursued through a separate proceeding under Section 27 of the Hindu Marriage Act 1955 unless proceeded on concurrent with the matrimonial proceedings. The judgment, in turn, shall set far-reaching precedents for the courts in terms of handling issues relating to properties transaction during a marriage.

Case Background

• This case originated from an order of the Family Court in Krishna Kumar Gupta v. Priti Gupta, wherein the husband was directed to pay ₹10,54,364 to the wife by way of return of 'stree dhan'. The marriage between the parties was dissolved with effect from May 1, 2023. The wife was also on a prior occasion for interim maintenance under the relevant provisions awarded ₹7 lakhs.
• The husband challenged the Family Court's order on the ground that there was no mention of streedhan in the decree of divorce and, hence, there was no authority for giving a separate direction under Section 27. According to his counsel, properties exchanged during the marriage were to be dealt with only in the final judgment under the Hindu Marriage Act and not through an independent application.

Legal Interpretation of Section 27

A property given to either of the spouses at the time or about the time of a marriage is to be jointly owned and disposed as per Section 27 of the Hindu Marriage Act. The Allahabad High Court in agreement with the Chhattisgarh High Court ruling in Babita @ Gyatri V/s ModPrasad @ Pintu, held that a court cannot entertain any application under Section 27 standing by itself unless it is interwoven or forms part of proceedings under Section 9, Section 13, Section 13A, or Section 13B of the Act.

The Court came to the conclusion that the return of stree dhan must be a matter of trial in a procedure under the Act, rather than being decided on its own on an application under Section 27. This interpretation furthers the intent of the legislature to curb multiplicity of litigation and consolidate all matrimonial disputes within a single proceeding under the Act.

Issue of Jewellery and Evidence

• One major dispute among the parties was the alleged seizure of jewellery belonging to the wife by the husband. The wife filed an FIR against the husband alleging that he had conspired to forcibly dispose of her streedhan. However, on cross-examination, the wife herself admitted that the husband was not present at the scene during the alleged incident. Further, the Family Court relied upon photocopies of jewellery receipts which were supplied by the wife's parents.
• The High Court was dissatisfied with the acceptance of secondary evidence by the Family Court without due legal scrutiny and held, "A document can only be proved by the maker of it. Another way to show it is for someone to receive an original document and testify that he saw the person who created it create it and give it to the witness." 

Final Ruling and Observations

It stated that in the divorce decree of 1st May 2023, there was no direction for return of stree dhan, and, therefore, the direction by the Family Court to pay over Rs. 10 lakhs were without jurisdiction. The bench held thus:

"Section 25 empowers a spouse to, subsequent to a decree for dissolution of marriage, apply for direction on maintenance, either by monthly or gross sum. Section 27 empowers the Court passing the decree to make provisions of any property presented, at or about the time of marriage, which might be jointly belonging to the parties. We see that there was no direction in respect of property, joint or otherwise, made in the judgment and decree dissolving the marriage."

• Since the interim maintenance had been granted and partly executed in favour of the wife, the Court also held that execution proceedings must further abate by reason of the success of the appeal of the husband. 

Implications on Women's Rights and Streedhan Law

• This ruling sets it very clearly that strategic legal planning is necessary while filing for divorce or allied proceedings. While the women’s rights to claim streedhan continues to exist in Hindu law, the route for seeking such relief has now been laid down with certainty. Streedhan claims can fail on procedural grounds if not annexed to the main divorce petition under the Hindu Marriage Act.
• The ruling also reaffirmed the very object of streedhan law, being that of protecting the financial interest of a wife in matrimonial relationships. A wife continues to be safeguarded by the Hindu Succession Act 1956 for her rights relating to ancestral and self-acquired properties farther unconnected with such rights under the Hindu Marriage Act.

The Allahabad High Court's decision fortifies the jurisprudence relating to Section 27, ensuring that all matrimonial reliefs, including return of 'stree dhan', are comprehensively dealt with within the same legal proceeding. Following the precedent of the Chhattisgarh High Court, the ruling both preserves the spirit of woman’s right under Hindu law and promotes judicial economy by discouraging fragmented litigation.

Henceforth, future litigants and legal practitioners must ensure that any relief concerning the streedhan law and property arising therefrom during marriage must be expressly pleaded in the main proceedings. This case reminds us that in matrimonial law, procedural correctness is at least as crucial as substantive justice.

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