This article is for educational and legal awareness purposes only. It does not constitute legal advice or solicitation. Please consult a qualified advocate for advice on specific legal matters.
Introduction
The Allahabad High Court on 31 March 2026 quashed a summoning order in Anamika Tiwari & Ors., holding that a wife is the absolute owner of her streedhan and cannot be prosecuted for criminal breach of trust under Section 406 IPC for reclaiming her own property. The Court observed that the Magistrate’s summoning order was “casual” and failed to appreciate the settled legal position on streedhan.
What Is Streedhan?
Streedhan refers to all property — movable and immovable — that a woman receives before, during, or after her marriage. This includes:
- Gifts received at the time of marriage from parents, relatives, and friends
- Gifts received from the husband or in-laws before, during, or after the marriage
- Property inherited by the woman
- Property acquired by the woman through her own skill, labour, or earnings
Under Hindu law, a woman is the absolute owner of her streedhan. She has full dominion over it and may deal with it as she wishes — including disposing of it, gifting it, or reclaiming it from anyone who holds it.
Facts of the Case
The case arose from a matrimonial dispute where the husband’s family filed a complaint alleging that the wife had taken certain household items and jewellery. A Magistrate issued a summoning order against the wife and others under Section 406 IPC (criminal breach of trust).
The wife challenged the summoning order before the Allahabad High Court, contending that the items in question were her streedhan and she could not be prosecuted for taking possession of her own property.
The Court’s Holdings
The Allahabad High Court allowed the petition and quashed the summoning order, holding:
Wife Is Absolute Owner of Streedhan
The Court reiterated the well-established principle that properties given to a woman before, during, or after marriage are her exclusive streedhan. She is the absolute owner and has full right to possess, use, and dispose of such property.
Husband’s Limited Right — Supurdgi (Custodianship)
While a husband may use his wife’s streedhan during times of distress (such as financial emergency, illness, or famine), this use is in the nature of a custodianship (supurdgi). The husband is morally and legally obligated to restore the streedhan when the distress has passed or when the wife demands its return.
Section 406 IPC Not Applicable
The Court held that a wife who reclaims her own streedhan cannot be said to have committed criminal breach of trust. Section 406 IPC requires that property must have been entrusted to the accused and that the accused must have dishonestly misappropriated or converted it. Since the wife is the owner of her streedhan, her act of reclaiming it does not constitute misappropriation or conversion of another person’s property.
Magistrate’s Order Was “Casual”
The Court criticised the Magistrate for passing the summoning order in a “casual” manner without applying judicial mind to the basic legal position regarding streedhan. The Magistrate failed to examine whether the items in question constituted the wife’s streedhan before issuing process under Section 406 IPC.
Legal Framework
Streedhan Under Hindu Law
In Pratibha Rani v. Suraj Kumar (1985) 2 SCC 370, the Supreme Court held that streedhan is the absolute property of a married woman and that misappropriation of streedhan by the husband or in-laws can constitute criminal breach of trust.
Section 406 IPC / Section 316 BNS
Section 406 IPC (now Section 316 BNS for offences on or after 1 July 2024) requires that property be entrusted to the accused and that the accused dishonestly misappropriated or converted it. Where the property belongs to the accused herself, the foundational requirement of entrustment by another person is not met.
Practical Takeaways
- Criminal proceedings under Section 406 IPC (or Section 316 BNS) cannot be used against a wife who is merely exercising her right over her own streedhan.
- Magistrates must apply judicial mind and examine the nature of the property before issuing summoning orders in such cases.
- The husband and in-laws are custodians, not owners, of the wife’s streedhan; their obligation to restore it on demand remains enforceable.
Key Statutory Provisions
- Section 406, Indian Penal Code, 1860 — Punishment for criminal breach of trust (imprisonment up to 3 years, or fine, or both). Now replaced by Section 316 BNS for offences after 1 July 2024.
- Section 14, Hindu Succession Act, 1956 — Property of a female Hindu to be her absolute property.
- Section 27, Hindu Marriage Act, 1955 — Disposal of property presented at or about the time of marriage.
Useful Resources
- LiveLaw — Allahabad HC on Streedhan and Section 406 IPC
- Indian Kanoon — Search Indian case law and statutes
Disclaimer: The information provided on this website is for general legal awareness and educational purposes only. It does not constitute legal advice, advertisement, or solicitation. No reader should act or refrain from acting based on this information without seeking professional legal counsel. Advocate Akhil Singh and this website are not liable for any actions taken based on the content provided herein.