Streedhan is Wife’s Absolute Property, not subject to Criminal Breach: HC calls out ‘Casual’ summoning order

Recently, in a significant procedural challenge concerning the scope of criminal breach of trust within matrimonial disputes, the Allahabad High Court stepped in to examine whether a wife could be prosecuted for allegedly taking away property claimed by her husband. The case raised a crucial question- can a woman be criminally tried for exercising control over what she asserts is her own ‘streedhan’? The Court’s scrutiny centred on whether such allegations satisfy the legal ingredients of Section 406 of the IPC, setting the stage for a decisive clarification on property rights within marriage.

The controversy began when a marital dispute between the parties escalated into cross-litigation. After the wife initiated criminal proceedings over dowry harassment and secured a maintenance order, the husband filed a complaint alleging that she, along with her relatives, forcibly entered his house and took cash, jewellery, and household articles. Acting on this complaint, the Magistrate summoned the wife and her family members under Sections 323, 504, and 406 of the IPC. Challenging this, the wife approached the High Court, arguing that the allegations were a retaliatory move and that the items in question constituted her streedhan, over which she retained absolute ownership.

The Court emphasised that for an offence under Section 406 of the IPC to stand, there must be clear “entrustment” of property followed by dishonest misappropriation. Rejecting the very foundation of the complaint, the Court observed, “It is her absolute property with all rights to dispose at her own pleasure. The husband or other in-laws has no control over her ‘streedhan’ property.” The Bench further clarified that while a husband may use such property in times of distress, “he has a moral obligation to restore the same or its value.” Finding that the Magistrate had passed the summoning order “in a very casual manner” without applying the statutory definition of criminal breach of trust, the Court concluded that no offence under Section 406 of the IPC was made out.

Consequently, the summoning order and entire criminal proceedings were quashed.

Case Title: Anamika Tiwari and Ors Vs. State of U.P. and Anr

Case No.: Application U/S 482 No. - 37453 of 2024

Coram: Hon'ble Mr. Justice Chawan Prakash

Advocate for the Petitioner: Adv. Manish Tripathi

Advocate for the Respondent: G.A., Upendra Kumar Tiwari

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