Wife's stridhan seized by in-laws: What the law says and how you can recover it

NEW DELHI: Jewellery, cash, gifts and valuables given to a woman before, during or after marriage are not considered the property of the husband or his family. As per the law, such assets are treated as a woman's stridhan — and she has full ownership rights over them.Disputes over stridhan are very common during marital conflicts, separations and divorce proceedings, especially when a woman alleges that her in-laws or husband have refused to return her belongings.What is stridhan?Stridhan refers to movable or immovable property gifted to a woman before marriage, during the wedding, or after marriage by parents, relatives, friends or the husband himself.This may include gold jewellery, cash, bank deposits, expensive gifts, property or household items gifted specifically to the woman.The Supreme Court has repeatedly held that stridhan remains the woman's exclusive property, even after marriage. In the landmark judgment of Pratibha Rani v. Suraj Kumar (1985), the court said that "a Hindu married woman is the absolute owner of her Stridhan property and can dispose of it at her own will. Her husband has no control over it, and if he or his relatives misappropriate it or deny her possession, they can be held criminally liable."Can in-laws keep a woman's jewellery or gifts?No. The husband or in-laws cannot legally retain stridhan against the woman's wishes. Even if the items are kept in the matrimonial home locker or family custody, ownership remains with the wife. Refusal to return stridhan can attract criminal consequences.What does the law say?Under the Bharatiya Nyaya Sanhita 2023, wrongful retention or misappropriation of property entrusted to someone amounts to criminal breach of trust under Section 316 of BNS. The punishment can extend to imprisonment of up to three years, a fine, or both.Protection under Domestic Violence lawUnder the Protection of Women from Domestic Violence Act 2005, a woman can seek return of stridhan, protection orders, residence rights and monetary relief. Magistrates can direct the husband or in-laws to return jewellery, valuables and other belongings, and can even order attachment or seizure of specific assets if necessary.How can a woman recover stridhan?Step 1 — Send a legal noticeThe first step is to send a formal legal notice demanding return of jewellery, cash, documents, gifts and valuables. This creates a legal record of the demand and can prompt voluntary return before litigation begins. Keeping bills, receipts, wedding photographs and a written list of items gifted is important for establishing ownership in court.Step 2 — File a police complaintIf the family refuses to return the items, a police complaint may be filed alleging criminal breach of trust under Section 316 BNS. A registered FIR initiates a police investigation and can lead to the seizure of withheld articles.Step 3 — Approach court under the Domestic Violence ActA woman can move the magistrate court seeking immediate recovery of her belongings under the Domestic Violence Act. Courts may order return of ornaments, bank deposits and personal belongings.Step 4 — Claim stridhan in divorce proceedingsIf a divorce case is already running in court, the woman can include her stridhan claim as part of that same case under Section 27 of the Hindu Marriage Act. However, she cannot file a separate independent case under this section only for stridhan recovery — it has to be part of an existing matrimonial case.Is stridhan the same as dowry?No. Dowry refers to property or valuable security given or demanded in connection with marriage and is prohibited under the Dowry Prohibition Act 1961. Stridhan, on the other hand, consists of voluntary gifts made to the woman for her own use and ownership. The practical distinction matters because a dowry complaint targets the demand itself, while a stridhan claim targets the refusal to return property that already belongs to the woman.