All marriage-time gifts not necessarily stridhan, says Delhi court

A Delhi court has said every article given at the time of marriage cannot be called stridhan (woman's property) and dismissed a woman's plea seeking return of her articles, including a car.

Judicial magistrate Sonika was hearing an application filed by the woman under the Protection of Women from Domestic Violence Act.

Stridhan is movable or immovable assets, received during the lifetime, by a woman either prior to marriage or at the time of marriage or at childbirth.

In an order on July 12, the court held, "Upon perusal of the record, including the documents annexed with the present application, at this stage, it cannot be concluded that all the articles, including the car, as mentioned in the list of dowry articles annexed with the present application were given as the stridhan articles of the petitioner."  It said there was no prima facie evidence, such as bills, photographs, or affidavits of witnesses, to prove the ownership.

 

The order added, "Moreover, each and every article given at the time of marriage cannot be termed as stridhan of the petitioner, as some of the articles are bound to fall within the category of gift."

The court further said when the trial was yet to start in the matter, the order for returning stridhan articles could not be passed on an unverified list, especially during the pending dispute over the ownership.

Dismissing the woman's plea, the court said she could seek the relief at the time of final adjudication, subject to leading proper evidence in support of her claims.