Husband Directed to Return Stridhan or Compensate Wife with Rs. 2 Lakh Amidst Allegations of Dowry Harassment
In a significant ruling, the Chhattisgarh High Court affirmed the decision of the Family Court regarding the return of Stridhan in the case of Tamradhwaj Gayakwad v. Jyoti Gayakwad. The division bench, comprising Justices Parth Prateem Sahu and Sachin Singh Rajput, upheld the Family Court's directive for the husband, Tamradhwaj Gayakwad, to either return the Stridhan articles or compensate his estranged wife, Jyoti Gayakwad, with Rs. 2 lakh.
The case revolved around the Stridhan—a collection of household items, gold and silver ornaments, and other customary gifts given to Jyoti during her marriage to Tamradhwaj in 2017. The Family Court in Durg, Chhattisgarh, had previously ruled in favor of Jyoti, acknowledging her right to reclaim her Stridhan or receive monetary compensation if the items could not be returned.
Jyoti Gayakwad had alleged that following the birth of their daughter, she faced cruelty and harassment from her husband and his family over dowry demands and derogatory remarks regarding the birth of a female child. These allegations led her to file a complaint at the Mahila Police Station in Bhilai.
In defense, Tamradhwaj Gayakwad refuted the accusations, claiming that the car loan obtained during their marriage was a mutual decision and that he has been repaying it regularly. He further contended that the jewelry in question was already in Jyoti's possession and denied the existence of substantial evidence proving the entrustment of Stridhan items to him.
The High Court, in its judgment, emphasized that the non-production of bills or receipts by the wife does not invalidate her claims, especially when credible testimony is provided, and the husband fails to categorically deny the allegations. The court also considered the depreciation in value of non-gold ornaments and household articles, affirming the Family Court's assessment of the compensation amount.
This judgment underscores the legal recognition and protection of women's rights concerning Stridhan in matrimonial disputes, reiterating the judiciary's commitment to addressing issues of dowry harassment and ensuring justice for aggrieved spouses.
Bottom line:-
Hindu Law - Stridhan - Husband directed to return the articles given to wife as stridhan during marriage or pay compensation if unable to return - Non-production of bills/receipts by wife does not negate her claim if she provides credible testimony and the husband fails to categorically deny the allegations.
Statutory provision(s): Hindu Marriage Act, 1955 Section 27, Family Courts Act, 1984 Section 19(1), Section 28 of the Hindu Marriage Act, 1955
Tamradhwaj Gayakwad v. Jyoti Gayakwad, (Chhattisgarh)(DB) : Law Finder Doc id # 2941893
