Stridhan : The Concept of Stridhan

Recently, when, for some specific purposes, I was looking for the exhaustive definition of Stridhan and its distinction with Dowry, I found the material or definitions available on the net mostly wanting. In most places, it is mentioned that a property acquired by a woman before, at the time of marriage and later is Stridhan. But it could not be such a simplistic definition. I made it a snippet for someone who wants to learn the concept.

In modern Hindu Law, “Stridhan” is also written as Stridhana, Streedhan. Streedhana, Istridhan, at various places, texts, and judgments, is the absolute property of the woman, with all rights to dispose of it at her pleasure. It is a specific property enumerated in Smritis and only applies to Hindus. The husband or other family members have no control over these properties. However, the husband may use it during a time of distress and emergency, but he is under moral (as per Smritis) and Legal obligation to restore the same or its value to his wife.

The origin of Stridhan dates back to Manu, who stated that a wife, a son & an enslaved person can have no property of their own and the wealth they earn is acquired for him to whom they belong, i.e. the Patriarch. Thus, Stridhan becomes a property in which the ladies of the house, including the wife, have separate dominion and the right to dispose of it as per the owner’s will. Thus, it is wrong to think that only married women can possess Stridhan; unmarried girls or even newborns can possess Stridhan (Though the power of disposal comes at different ages and times as per customs). However, a woman’s property commences at her bridal in everyday practice.

Smritis defines a few kinds of Stridhan, which are as follows:

1. What is given before the nuptial fire, adhyagni
2. What a woman receives while she is conducted from her father’s house to her husband’s dwelling, adhyavahanika
3. What is bestowed as token of love, pritidatta or bhartrudaya
4. What is given by her mother-in-law or father-in-law at the time of bowing at the feet of elders, padavandanika
5. Gifts made by father, mother & brother.
6. Gift subsequent, that is, that which is received from her husband’s family or her family subsequent to marriage, anvadheyaka
7. Gift of supersession, adhivedmika (This was a present made to woman on her husband’s marriage to another woman. No longer relevant now)
8. Gift by bandhus, that is, what is given to the bride by the relations of her mother or of her father, bandhudatta
9. Sulka (Fee) received variously as
   • as the gratuity for the receipt of which a girl is given in marriage.
   • as a special present to the bride to induce her to go cheerfully to the mansion of her husband.
   • what is received as a price of household furniture, conveyance, milch-cattle & ornaments.

(SOURCE: Mayne’s Treatise on Hindu Law & USAGE; 17^th Edition)

The above-mentioned things are Stridhan; now comes the exception of Stridhan. Two things i.e. Property inherited by a woman whether from males or females or share allotted on partition is not Stridhan.

With the help of the Smritis and with the change in times, courts have enlarged the definition of Stridhan and as per various judgments the below is also included in Stridhan

1. All savings by woman and all purchases made with her Stridhan is also Stridhan
2. Money or property in lieu of maintenance
3. Income from the estate of deceased husband
4. Gifts from strangers, whether in coverture or widowhood.
5. Earnings and Profits from a woman’s own exertion
6. Property obtained by a woman under compromise or settlement
7. Hindu woman taking property through adverse possession against the true owner.

Now the big question. Is Dowry articles Stridhan?

Whether any particular dowry article is Stridhan or not is a matter of fact and it has to be proved whether a particular article is Stridhan or not.