A woman retains rights over the stridhan given to her. The breakdown of a marriage or living separately does not, by itself, make it the property of her husband or in-laws. Records showing who owns each item are important.
The legal nature of jewellery, gifts and other property depends on the circumstances in which they were received and the facts of ownership. Do not treat stridhan, jointly owned property and an unlawful demand for dowry as belonging to the same category. Economic abuse and relief for the return of stridhan may be relevant under the Domestic Violence Act; criminal remedies must be considered separately, depending on the facts.
What should you do now?
- Make a list of the items and note who has them in their possession.
- Keep a written request for their return and any response received.
- In the appropriate proceedings, include the list and evidence of ownership and delivery.
Which documents should you keep?
Bills, wedding photographs, a gift list, messages, bank entries and details of witnesses.
Avoid this mistake
Disputes may escalate if you state only estimated values or claim every family item as your own.
A hypothetical example
Jewellery received at a wedding was kept in another person’s cupboard. Who has possession and who owns it are separate questions. A gift list, photographs and messages containing an acknowledgment may help identify the items.
Can you make a claim if you do not have a bill?
A bill is useful, but photographs, messages and other evidence may also be important, depending on the circumstances.
Legal basis and useful sources
- Protection of Women from Domestic Violence Act, 2005 — Sections 3, 12, 17–23
- Hindu Succession Act, 1956 — Sections 6, 8–10, 14–16, 30
This is general legal information. Advice may vary depending on your facts, the applicable law and state rules.