Woman is absolute owner of her ‘streedhan’: Allahabad HC

Prayagraj: Observing that a woman is the absolute owner of her ‘streedhan’, the Allahabad High Court has held that a wife can’t face a criminal trial for breach of trust under Section 406 of IPC for allegedly taking the property away.

Allowing a petition filed by Anamika Tiwari and four others, the court quashed the summoning order and criminal case against her and her relatives.

Justice Chawan Prakash in his order dated March 16 observed that properties given to a woman at the time of her marriage constitute her ‘streedhan’ and do not become the joint property of the husband and wife.

The court said that a wife has all rights to dispose of this property at her own pleasure. It added that while a husband may use it during times of distress, he has a moral obligation to restore the property or its value, and neither he nor other in-laws have any control over the ‘streedhan’.

It was the case of the applicant-wife who got married in April 2012 and her family had provided sufficient dowry. However, she later lodged an FIR against her husband and his family members over alleged demands for dowry. A chargesheet in this matter was submitted in December 2018.

Later, the husband filed a complaint alleging that his wife and the other applicants entered his house in September 2018 and took away Rs 6,400 in cash, ornaments worth approximately Rs 1.5 lakh, and certain household articles.

Based on the husband’s complaint and statements from witnesses, the magistrate summoned the wife and her family members to face trial. Challenging the same, she filed the present petition.

The high court examined sections 405 and 406 of IPC to note that if any property is entrusted to someone and that person dishonestly misappropriates or converts the same to his own use, then an offence of criminal breach of trust is made out.

The court, however, noted that since the wife is the absolute owner of her ‘streedhan’, no offence under Section 406 IPC would be made out against the applicant for allegedly taking away her ornaments.