Court Can't Insist on Rigid Proof in Return of Stridhan to Women : Kerala High Court

The Kerala High Court held that women cannot be expected to produce rigid documentary proof to establish claims of stridhan, given the informal nature of such exchanges in families.

The Kerala HC observed that courts must apply the principle of preponderance of probability, rather than strict legal proof, to ensure justice in matrimonial disputes.

Reaffirming that stridhan is the exclusive property of the woman, the Court stressed judicial sensitivity towards its wrongful retention by husbands or in-laws.

The court ordered the husband to return 59.5 sovereigns of gold to his wife, finding sufficient material and testimony to support her claim despite the lack of formal documentation.