Kerala High Court confirms gold given at marriage is a woman’s personal property. Husbands must return it after divorce if misused or withheld.
Kochi: The Kerala High Court has said that any gold ornaments or cash given to a woman during her wedding are her personal property, also called ‘Streedhan‘. This means that a woman has full rights over these gifts, and they cannot be taken away by her husband or in-laws.
This important judgment came from a division bench of the Kerala High Court, which included Justices Devan Ramachandran and M.B. Snehalatha.
This decision came after a woman from Kalamassery, Ernakulam, filed a petition. She was unhappy with a previous decision by the family court, which had not accepted her claim for the return of her gold and other wedding gifts after her divorce case started.
The High Court judges pointed out that many women face this problem after marriage. Their gold or other valuable wedding gifts are often kept by the husband or his family, and the woman doesn’t get them back when problems happen in the marriage.
The court said,
“Unfortunately there are numerous cases where such valuable possessions are misappropriated by husband or in-laws.”
The court added that women often find it very hard to prove that the gifts were theirs because these are personal family matters and usually there are no written records or receipts. So, it becomes difficult for them to show proof in court.
In such cases, the court said it has to take a practical approach by relying on what seems more likely to be true, instead of asking for strict evidence like in criminal cases.
The judges explained,
“Due to the private and often informal nature of such transfers, it becomes merely impossible for women to produce documentary evidence proving ownership or misappropriations. In such a situation the courts have to rely on the principle of preponderance of probabilities to deliver justice.”
They also said that being too strict and asking for full legal proof in such personal matters is not fair because in Indian families, most of these gift transactions are not written down or officially recorded.
“The courts have to understand this practical difficulty and cannot insist on rigid legal proof as in criminal cases.”
In this case, the woman said that during her wedding in 2010, her parents gave her 63 sovereigns of gold and a two-sovereign chain. Also, her relatives gifted her six more sovereigns of gold.
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Later, except for a few pieces like her mangalsutra, a bangle, and two rings that she used daily, all the gold was taken to her in-laws’ room.
They said it was for safekeeping. But the woman said that later her husband and his family demanded ₹ 5 lakh more, and when she didn’t give it, the marriage turned sour.
To support her claim, she showed documents proving that the gold was bought using money her parents had kept in a fixed deposit. After looking at all the facts and evidence, the High Court ordered the husband to return 59.5 sovereigns of gold or its current market value to the woman.
But, the woman was not able to give strong proof about the extra six sovereigns of gold given by her relatives. So, the court did not allow that part of the claim.
The court also denied her request for the return of some household items, because there was no solid proof that those items were taken or not returned.
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The judges also spoke about the bigger problem faced by many women in India. They said that gold given to the bride is usually kept by the husband or his family. They say it’s safe there, or that it’s family tradition. But the bride often doesn’t get any written note or acknowledgment about it.
“The woman rarely gets a written record or receipt for such transfers and the woman’s access to her own ornaments can be restricted. When disputes arise, especially in cases of domestic violence, dowry harassment or divorce, the woman may claim that her gold ornaments have been misused or never returned. However, since she seldom receives the list or acknowledgment of the items given to her, proving ownership becomes difficult. Courts have to understand this practical difficulty and cannot insist on rigid legal proof as in criminal cases.”
This case sets a strong legal example and reminds everyone that a woman’s wedding gifts belong to her only. The judgment helps in making sure that women’s rights are protected and gives hope to many women who go through similar situations.
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