Suit for Recovery of Stridhana

The concept of stridhana is recognized under Hindu law, and the right to recover it is governed by the Hindu Succession Act, 1956, particularly Section 14 which declares that any property possessed by a Hindu female is her absolute property. Additionally, the Hindu Marriage Act, 1955 (Section 27) empowers the court to dispose of property presented at or about the time of marriage. No reported decision was found on this point.

The suit for Recovery of Stridhana is filed in the civil court (District Court or Family Court, depending on jurisdiction). The relevant department is the District Court or Family Court in the city where the defendant resides or where the property is located. For online case status, visit the e-Courts portal: https://ecourts.gov.in.

The process begins with filing a plaint before the civil judge. The plaint must describe the stridhana property, its value, and the wrongful withholding. After filing, the court issues summons to the defendant. The defendant files a written statement. The court then frames issues, records evidence, and hears arguments. Finally, a decree is passed either directing return of the property or its value. A property dispute lawyer can guide you through each step.

The primary document is the plaint (Form No. 1 of the Civil Rules of Practice). Other forms include: vakalatnama (authorizing the advocate), affidavit in support of the plaint, list of documents relied upon, and valuation slip. If the property includes movable items, an inventory list is also required.

Any Hindu woman who has stridhana property wrongfully withheld by another person (husband, in-laws, etc.) is eligible to file the suit. The property must be her exclusive property, such as gifts received before marriage, at marriage, or after marriage, or property acquired by her own skill or inheritance. The suit must be filed within 3 years from the date of demand and refusal (Limitation Act, 1963, Article 58).

The court procedure involves several stages: filing of plaint, service of summons, filing of written statement, framing of issues, evidence, arguments, and judgment. The duration depends on the court's caseload and the complexity of the case. No specific timeline can be guaranteed.

Court fees are payable as per the Court Fees Act, 1870. The fee is ad valorem based on the value of the property claimed. Below is an indicative table of court fees (subject to state amendments):

Note: These are approximate figures. Actual fees may vary by state. Advocate fees are separate and not included.