The Karnataka High Court has ruled that a husband and his family cannot keep the belongings or assets (Stridhan) a woman brought to her matrimonial home, even if the marriage is declared null and void.
This decision was made by Justice M. Nagaprasanna while hearing a case in which the woman filed criminal proceedings under Section 406 of the IPC against her ex-husband and his family.
The ex-husband and his parents challenged a 2015 order by the Chief Metropolitan Magistrate, Bangalore, which had dismissed their application seeking discharge from the criminal case initiated by the wife.
The petitioners argued that they had paid ₹4 lakh as part of the divorce settlement and only the matter of maintenance remained unresolved. However, the ex-wife contended that the ₹4 lakh settlement did not include ₹9 lakh paid by her family before the marriage. She further alleged that her husband and his family’s refusal to return her Stridhan amounted to criminal breach of trust.
The High Court observed that the ₹4 lakh settlement was solely for the annulment of the marriage. The ₹9 lakh given before the marriage was classified as Stridhan, and no prior court ruling had stated it was included in the divorce settlement.
The court emphasized that the annulment of a marriage does not give the husband or his family the right to retain the woman’s Stridhan. Consequently, the court dismissed the petition filed by the husband and his family, upholding the woman’s right to her belongings.
This judgment reinforces the legal protection of Stridhan and clarifies that it must be returned to the woman, regardless of the status of the marriage.
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