Stridhana

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Stridhana is a term associated with Hindu Law. The character of property that is whether it is stridhan or woman’s estate, depends on the source from which it has been obtained. A woman has inalienable rights over stridhan and she can claim the same even after her separation from her husband.[1]

Characteristics of Stridhana[edit]

under Hindu Law[edit]

Properties acquired from the following sources by a female hindu constitute Sridhana.[2][3]

  • Gifts and bequests received from relations:

(However,The Dayabhaga School doesn’t recognize gifts of immovable property by husband as stridhan.)

  • Gifts and bequests from non-relations/strangers:
  • Property acquired by self exertion, science and arts:

A woman may acquire property at any stage of her life by her own self exertion such as by manual labour, by employment, by singing, dancing etc., or by any mechanical art. According to all schools of Hindu Law, the property thus acquired during widowhood or maidenhood is her stridhan. But, the property thus acquired during coverture does not constitute her stridhan according to Mithila and Bengal Schools, but according to the rest of the schools it is stridhan. During husband’s lifetime it is subject to his control.

  • Property purchased with the income of stridhan
  • Property purchased under a compromise:
  • Property obtained by adverse possession-
  • Property obtained in lieu of maintenance:
  • Property received in inheritance-
  • Property obtained on partition-

Under Vedic culture[edit]

Stridhana, as defined by Yagnyabalkya is:[4][5]

1) The wealth received by the women from her father, mother, husband and brother out of love and affection. 2) The wealth given to the bride by her maternal uncle and relative etc. at the time of marriage in presence of nuptial fire. 3) The wealth that is given by the husband at the time of second marriage to satisfy his previous wife. 4) The wealth given to the bride by the causins and relatives of her parents. 5) The wealth given to the bride from the side of bride-groom prior to marriage towards duty. 6) The wealth given to the newly wedded bride at the time of her departure from her father's house. 7) The wealth received by the bride in her matrimonial house after the marriage. 8) The wealth given to the new daughter-in-law by the father-in law or mother-in-law out of love and affection. 9) The wealth received by married or unmarried daughter in her parental house from her brother or parent.

Manu has prescribed six kinds of Stridhana to the minimum extent. According to Manusmriti, after the death of an issueless woman her relatives are entitled to get her Stridhana. If the marriage has been performed in the form of Brahma, Daiva, Gandharba or Prajapatya, the husband of the deceased issueless woman is entitled to get the Stridhan. But in case of Asura, Rakhyasa and Paisacha form of marriage, the Stridhana of issueless deceased woman will be taken by her father or mother.

References[edit]

  1. ^ "Women can claim stridhan even after separation from husband". www.timesofindia.com. Retrieved 11 July 2018.
  2. ^ Sirothiya, Vibha. "Stridhan And Womans' Estate Under Section 14 of Hindu Succession Act 1956" (PDF). www.498a.org. Retrieved 11 July 2018.
  3. ^ "What are the Salient Features of "Stridhan"? – Hindu Law". www.shareyouressays.com. Retrieved 11 July 2018.
  4. ^ Mr. Mahendra Kumar Das, The Hindu Succession Act 1956: 2016 ed.(OLR), 5-6.
  5. ^ "EVOLUTION OF STRIDHANA" (PDF). www.shodhganga.inflibnet.ac.in. Retrieved 11 July 2018.