Karnataka High Court: Stridhan Must Be Returned After Marriage Annulment
In a recent ruling, the Karnataka High Court stated that a husband and his family cannot keep a woman’s Stridhan even if the marriage is annulled. Stridhan includes any valuables, money, or property that a woman brings with her to her marital home.
Justice M. Nagaprasanna, who heard the case, made this observation while dealing with a criminal complaint filed by the woman under Section 406 of the Indian Penal Code (IPC) for criminal breach of trust.
Background of the Case
The case involved Ganesh Prasad Hegde and his family, who challenged a 2015 ruling by the Chief Metropolitan Magistrate in Bangalore. That ruling had refused to dismiss the charges brought by Surekha Shetty, the ex-wife.
The husband argued that a settlement of ₹4 lakh was already paid to the woman as permanent alimony, and therefore, there was nothing more to be returned. However, the woman stated that this amount was only for the divorce and did not include ₹9 lakh given to the husband’s family before the marriage. She claimed that not returning this money was a criminal breach of trust.
High Court’s Observation
The High Court made it clear that the ₹4 lakh alimony was part of the divorce settlement and had nothing to do with the ₹9 lakh that was part of her Stridhan. Since no court had ruled that the ₹9 lakh was included in the divorce settlement, the husband’s family could not keep it.
The judge stated that Stridhan remains the woman’s property even after the marriage ends. Keeping it without her consent is illegal.
Final Verdict
The court dismissed the petition filed by the husband and his family. It confirmed that the woman had the right to recover her Stridhan and that the case under Section 406 IPC for criminal breach of trust could continue.
Case Title:
Ganesh Prasad Hegde & Ors vs. Surekha Shetty
Case No.: Crl Petition No. 4544/2018
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