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How to Recover Streedhan from In-Laws: A Woman’s Legal Guide to Reclaim What Is Rightfully Hers By Adv. Pratibha Bangera | Divorce & Women’s Rights Lawyer | Mumbai

  • advpratibhabangera
  • May 8
  • 3 min read

IntroductionIn India, countless women enter marriage with gifts, jewellery, and valuables meant to bring blessings and prosperity. These items, collectively called Streedhan, are not just ceremonial tokens — they are your legal property.But what happens when in-laws refuse to return it after separation or during a dispute?Here’s a complete legal guide — created specifically to help women reclaim their streedhan and stand up for their rights.

What is Streedhan?

Streedhan refers to all moveable or immoveable property voluntarily given to a woman before, during, or after marriage by her parents, relatives, in-laws, friends, or even strangers — for her exclusive use.

This includes:

  • Gold, silver, jewellery, coins

  • Cash gifts, FD certificates

  • Clothes, utensils, electronics

  • Property or shares

  • Household items gifted specifically to her

Legal Basis:

  • Section 14 of the Hindu Succession Act

  • Dowry Prohibition Act (Note: Streedhan ≠ Dowry)

  • Section 406 IPC – Criminal breach of trust

Important: Streedhan is not joint property and cannot be claimed by the husband or in-laws under any circumstances.

If In-Laws Refuse to Return It

Refusal to return streedhan is a criminal act under Indian law.

You can take the following steps:

  1. File a Police Complaint:

    • Report the refusal at your local police station

    • Mention specific items and estimated value

    • Carry any receipts, photographs, or videos

  2. Approach the Women’s Cell or Mahila Police Station

    • These specialized departments are trained to handle domestic and streedhan recovery cases

  3. Domestic Violence Act (Section 12)

    • You can file an application for return of streedhan, along with compensation for emotional distress

    • This can be filed even if no divorce case is pending

What If They Deny Having It?

It’s common for in-laws to say:

  • “We never received anything”

  • “It was all taken back”

  • “She left it behind, we thought it was abandoned”

But legally, denial does not absolve them.

Here’s what you can do:

  • File an FIR under Section 406 IPC – for criminal breach of trust

  • Submit wedding photos, gift exchange videos, invitation cards, bills, or even eyewitness accounts

  • Oral evidence, such as statements from your relatives or guests, is admissible in court

  • Courts often draw adverse inference when denial appears to be an afterthought or inconsistent

Legal Remedies You Can Use

  • Criminal Complaint under IPC 406 – Punishable by imprisonment and fine

  • Domestic Violence Application under Section 12 – For streedhan return, compensation, and protection

  • Family Court Application – In ongoing divorce or maintenance cases, you can ask for interim return of streedhan

  • Attachment of Property – If your in-laws continue to withhold, court can seize or attach their property

  • Maintenance or Alimony Claim – Can be coupled with streedhan recovery

Pro Tip: Don’t just claim “my jewellery” — make a detailed list. Even approximate value and description helps.

How Long Do You Have to Claim Streedhan?

The law recognizes that most women fear retaliation, so there’s no strict deadline. However:

  • If possible, initiate legal action within 3 years of leaving the matrimonial home

  • Courts allow flexibility, especially if there is emotional trauma or violence involved

  • Delays can be explained, but silence cannot be recovered

Real-Life Cases Where Women Won Back Their Streedhan

  • Delhi High Court upheld a woman’s claim for return of gold even without bills

  • Bombay HC ruled that in-laws withholding streedhan was cruelty under the DV Act

  • Supreme Court observed that failure to return streedhan is mental harassment and valid ground for divorce

Frequently Asked Questions (FAQs)

Q: What if my husband says it’s his family’s property?A: It doesn't matter. Once gifted to you, it becomes your personal property, regardless of who paid for it.

Q: What if I don’t have bills?A: Photographs, witnesses, WhatsApp chats, or even oral testimony can be used as evidence.

Q: Can I claim streedhan if I haven’t filed for divorce yet?A: Yes. Streedhan recovery doesn’t depend on a divorce case. You can file it anytime.

Take These Steps Today

  • Make a written list of your streedhan

  • Collect any proof – bills, chats, videos, guest statements

  • File a Domestic Violence case or police complaint

  • Consult a divorce and family law expert

Your streedhan is your right.Don’t let shame, pressure, or delay stop you from getting what’s legally yours.

Need Help? Get Expert Legal Support

Adv. Pratibha BangeraDivorce | Domestic Violence | Women’s Rights | Streedhan RecoveryTopritejuris Legal, Andheri West, Mumbaiwww.advocatepratibhabangera.comWhatsApp to Book: +91 9664000362Instagram: @topritejuris.legal

 
 
 

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