HC: Woman sole owner of ‘streedhan’, cannot charge her for taking it away

Prayagraj: A woman is the sole owner of her ‘streedhan' (personal wealth), and a legally wedded wife cannot face criminal trial for taking it away, Allahabad high court has ruled.Allowing a petition filed by Anamika Tiwari, Justice Chawan Prakash, in his judgment dated March 16, quashed the summoning order and criminal case filed against her and her relatives on her husband's complaint. The petitioner was booked under IPC section 406 for breach of trust.The HC, however, observed that properties given to a woman at the time of her marriage constitute her ‘streedhan', and do not become joint property of husband and wife. A wife has all rights to dispose of this property at her own pleasure, Justice Prakash said. While a husband may use it during times of distress, he is morally obliged to restore the property or its value, he added, stressing that neither he nor other in-laws have any control over ‘streedhan'. The petitioner said she got married in April 2012, and her family had provided sufficient dowry at that time. She later filed an FIR against her husband and his family members over demands for more dowry. A chargesheet in this matter was filed in a court in Dec 2018.Her husband subsequently filed a complaint alleging that in Sep 2018, his wife and her relatives entered his house and took away Rs 6,400 in cash, ornaments worth approximately Rs 1.5 lakh and certain household articles.Based on this complaint and statements from witnesses, a judicial magistrate summoned the wife and her family members to face trial. She challenged the summoning order and the criminal case. The high court noted that under IPC sections 405 and 406, if any property is entrusted to someone and that person misappropriated or converted the same for personal use, an offence of criminal breach of trust is made out. In this case, however, no offence under section 406 would be made out against the wife since she took away her own ornaments, her streedhan of which she is absolute owner, the judge said.
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