Context:
The Supreme Court reiterated that streedhan is an “absolute property” of a woman, and while the husband has no control over the same.
Streedhan Property:
- Referred to properties gifted to a woman before marriage, at the time of marriage or at the time of bidding farewell or thereafter.
- Supreme Court verdict – Streedhan property does not become a joint property of the wife and the husband, and the husband has no title or independent dominion over the property as its owner.
- The husband may use it during the time of his distress but nonetheless he has a moral obligation to restore the same or its value to his wife.
Difference between Streedhan and Dowry:
| Streedhan | Dowry |
| Whatever a woman receives in her lifetime. It includes all movable, immovable property, gifts etc. received prior to marriage, at the time of marriage, child birth or during widowhood. | Any property or valuable security given or agreed to be given either directly or indirectly by one party to the other party to the marriage. |
| If the marriage breaks down in the future, the woman has the right to recover the goods received as Streedhan. | If the marriage breaks down in the future, the woman can’t recover the goods her family given as dowry. However, she can seek alternate reliefs against such dowry paid. |
| Act of giving Streedhan is legal | Act of giving Dowry is not legal |
| Governed by Hindu Succession Act, 1956 | Governed by Dowry Prohibition Act, 1961 |
Source: Economic Times
Previous Year Question
With reference to the history of ancient India, which of the following statements is/are correct?
1. Mitakshara was the civil law for upper castes and Dayabhaga was the civil law for lower castes.
2. In the Mitakshara system, the sons can claim right to the property during the lifetime of the father, whereas in the Dayabhaga system, it is only after the death of the father that the sons can claim right to the property.
3. The Mitakshara system deals with the matters related to the property held by male members only of a family, whereas the Dayabhaga system deals with the matters rélated to the property held by both male and female members of a family.
Select the correct answer using the code given below:
[UPSC Civil Service Exam – 2021 Prelims]
(a) 1 and 2
(b) 2 only
(c) 1 and 3
(d) 3 only
Answer: (b)
Explanation:
Statement 1 is incorrect. Castes are not specified in these laws.
Statement 3 is incorrect. Both laws deal with the matters related to the property held by both male and female members of a family.
