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Yes, Now a Woman can get Dowry Back after Separation

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In a landmark judgment the Supreme Court of India has said that a woman has inalienable rights over stridhan and she can claim it even after separation from her husband.

Representational image via maharaniweddings.com
Representational image via maharaniweddings.com

What the actual scenario is?

Acording to Hindu law, stridhan is whatever a woman receives during her lifetime including all movable, immovable property, gifts etc received prior to marriage, at the time of marriage and during child birth. According to new judgment, denying the stridhan after separation would amount to domestic violence making the husband and in-laws liable to face criminal prosecution. A bench of Justices Dipak Misra and Prafulla C Pant quashed the order of a trial court and Tripura High Court which had held that a woman cannot claim her stridhan after separation from her husband and criminal proceedings cannot be initiated against husband and in-laws for not handing over the properties.

Representational image via news.xinhuanet.com
Representational image via news.xinhuanet.com

The bench clarified that separation under court order is different from divorce and the couple remains as husband and wife, although living separately.