In a recent case, the Punjab and Haryana High Court delved upon the question regarding the stridhan and under whose custody it lies. Here, the question regarding custody arose after the death of the daughter-in-law which took place within seven years of marriage.

The Hon’ble High Court made an observation connecting the Hindu Succession Act and the Dowry Prohibition Act together. In the given case, the deceased died an unnatural death within seven years of her marriage which is why the case of the appellant would fall within Clause 3 of Section 6 of the Dowry Prohibition Act, 1961, so as to maintain the custody of dowry articles with the complainant (the deceased’s father)[1].

Stridhan is ideally the wife’s property and falls under her ownership. Under the provision laid down in Section 15(1) of the Hindu Succession Act, 1956, after the death of the wife, all her belongings go to her husband and children. Hence, if this provision is strictly followed, the belongings should have devolved upon her husband. However, it also needs to be taken into due consideration that the death occurred in unnatural circumstances and within seven years of marriage. This is where the Dowry Prohibition Act, 1961 enters and in accordance to Section 6(3) of the Dowry Prohibition Act, the belongings of the deceased should ideally devolve upon her father (the complainant).

The court also relied upon the Mallesha’s case[2] where it was held that “Dowry Prohibition Act, 1961- Section 6- Dowry death- Acquittal of accused- Directions issued that dowry articles which changed hands at the time of marriage to be restored to the family of deceased- This prevents unjust enrichment of accused and is in consonance with Section 6 of Dowry Prohibition Act”.[3]

Section 6 of the Act clearly provides that the property or money that passes hands at the time of the marriage, though the Act defines it as dowry is required to go to the benefit of the woman and nobody else. That Act also prescribes for various situations whereby the property will have to be transferred back to the woman if she is alive or to her legal heirs if she is no longer alive.[4]