Courts cannot demand strict legal proof for women seeking return of stridhan, Kerala High Court rules.The decision affirms gold and cash given at marriage as a woman’s exclusive property.
On April 30, 2025, the Kerala High Court ruled that courts cannot impose rigid legal proof requirements in civil cases where women seek the return of stridhan—gold ornaments and cash given at marriage. The court emphasized that stridhan is a woman’s exclusive property, not claimable by her husband or in-laws, and courts must apply the principle of preponderance of probabilities due to the informal nature of such transfers.
In a case involving a wife claiming 65 sovereigns of gold, the court found evidence of her parents’ fixed deposit used to purchase the ornaments, affirming their financial capacity. However, her claim for six additional sovereigns from cousins lacked proof, and household item claims were also unverified. The court criticized family courts for demanding criminal-trial-like evidence, noting that cultural practices often lack documentation.
This ruling addresses a gap in civil law, where 30% of divorce cases in India involve stridhan disputes, per a 2024 legal study. On X, posts like @LawTodayLive’s, with 1,500 views, hailed the decision as a step toward protecting women’s rights, with #Stridhan trending. The judgment builds on a 2024 Supreme Court ruling affirming stridhan as a wife’s absolute property, reinforcing legal protections.
The court urged sensitivity in handling such cases, as families navigate emotional and financial stakes. The decision, effective immediately, aims to streamline stridhan recovery for women across Kerala’s family courts.
