Claims for Return of Streedhan Must Be Decided During Divorce Proceedings, Not Through Separate Application

Claims for Return of Streedhan Must Be Decided During Divorce Proceedings, Not Through Separate Application

The Allahabad High Court has said that claims for return of stridhan must be decided within the divorce case itself under the Hindu Marriage Act, 1955, and not through a separate application under Section 27.

In this case, the Family Court had directed the husband to pay over ₹10.5 lakh to his ex-wife for stridhan.

However, the High Court set aside this order, noting that since the divorce decree passed in May 2023 did not include any direction regarding streedhan, the Family Court lacked jurisdiction to issue such an order separately.

Since the wife had already received ₹7 lakh as interim maintenance and ₹2.1 lakh through execution, the recovery proceedings were dropped.

Order Copy / 5 months ago

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