The Supreme Court said, “marriages do fail but parties should not stoop so low,” calling it “very disgusting” that since 2022 the husband has stopped his wife from collecting her belongings, and ordered him to return them within 24 hours.
The Supreme Court ordered a man to return all belongings belonging to his estranged wife within 24 hours, expressing disapproval that he has not allowed her to retrieve her clothes and other items since 2022.
This directive came from a bench of Justices JB Pardiwala and KV Viswanathan during a hearing on an application filed by the husband, who sought permission for his minor son to visit his home on Diwali for family prayers.
The mother opposed this request.
The court permitted both parents to take their son to a nearby temple for the prayers, with the option for the grandparents to join them if they wish.
The bench stated,
“Marriages do fail but that does not mean that the parties should stoop down to such a level that the husband does not allow his wife to collect her clothes. It is a different thing that they are not in a position to stay together but we do at least expect that her articles be returned to her,”
The justices found it “very disgusting” that since 2022, the husband has not allowed his wife to gather her belongings. The couple married in 2016, but the relationship deteriorated, leading the woman to leave with their son in 2022, after which she has been living separately.
The Supreme Court’s order directing the man to return his estranged wife’s belongings within 24 hours aligns with several provisions of Indian law that protect a woman’s rights in a matrimonial dispute.
Section 27 of the Hindu Marriage Act, 1955:
- This section allows the court to make orders regarding the property that was presented at or about the time of marriage, which may belong jointly to both husband and wife. It empowers the court to ensure that the wife’s streedhan (gifts and personal belongings) is protected and returned.
Section 406 of the Indian Penal Code (IPC) :
- Non-return of streedhan or personal belongings of a wife can amount to criminal breach of trust, punishable under Section 406 IPC. If a husband or his relatives dishonestly retain a woman’s property, they can face criminal charges.
Section 14 of the Hindu Succession Act, 1956:
- This provision recognizes that all property possessed by a woman, whether acquired before or after marriage, becomes her absolute property. Hence, the husband has no legal right to keep or withhold her belongings.
Protection of Women from Domestic Violence Act, 2005 (Sections 18–19):
- Under this law, a woman can seek protection orders and residence orders from the court. She can also ask for the return of her personal effects or streedhan, and the court can direct the husband to hand them over immediately.
FOLLOW US FOR MORE LEGAL UPDATES ON YOUTUBE
