Stridhan, Family Property & Criminal Breach of Trust · 29 August 2024
Woman Is Absolute Owner Of Stridhan; Father Cannot File Section 406 IPC Case Without Her Authorization
Supreme Court of India · 2024 LiveLaw (SC) 641 | 2024 INSC 641
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After matrimonial discord, the father of a married woman lodged an FIR under Section 406 IPC against his son-in-law and in-laws seeking recovery of Stridhan articles and gold jewellery — without holding any written power of attorney or authorization from his adult daughter. The Supreme Court allowed the husband's appeal, set aside the High Court's order, and quashed the criminal chargesheet and proceedings against him and his family.
The Court held that Stridhan is the exclusive and absolute property of a woman under Section 14 of the Hindu Succession Act, 1956. A father or other third-party relative has no independent legal standing to launch a Section 406 IPC case for its recovery from in-laws unless the daughter herself has specifically and in writing authorized them to do so on her behalf.
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