Allahabad High Court Quashes Breach of Trust Case, Rules Wife is Absolute Owner of ‘Streedhan’

The Allahabad High Court has quashed a criminal breach of trust case (Section 406 IPC) against a wife, clarifying that a woman is the absolute owner of her ‘streedhan’. 

The Court held that property gifted to a woman before, during, or after marriage remains her separate property and does not become a joint asset with her husband.

Noting that while a husband may use such property during distress, he is under a moral obligation to restore it.

Consequently, a wife cannot face criminal trial for taking away her own ornaments or belongings, as she has the sole right to dispose them at her pleasure. 

[Anamika Tiwari & Ors. v. State of U.P. & Anr.]