Depriving Wife Of Stridhan Is Domestic Violence Too!

One might have witnessed several women enduring domestic violence in their day-to-day life, yet doing nothing about it. Often seen women saying what alternative they have. Most of these women are dependent on their spouses to meet their economic needs. Yet violence is always identified as physical, verbal, or sexual. Economical abuse or financial violence is hardly recognized.

As basic as Stridhan (owned by women) many times are under the control of the extended family. Stridhan could also act as a lifeline for a woman in bringing financial stability. This is also a type of violence that comes under the domestic violence act but hardly it is acknowledged. In the case of Nandita Sarkar, for a decade aggrieved woman has been struggling to get her Stridhan back. Where the law has been in delivering justice to her. 

Calcutta HC On Stridhan And Domestic Violence

However, recently Calcutta High Court while hearing the Nandita Sarkar case said that depriving a woman of her Stridhan or any other financial resources she is entitled, would amount to domestic violence under the Prevention of Women from Domestic Violence Act, 2005 (PWDV Act). Justice Subhendu Samanta emphasized that- the deprivation of the petitioner of any economic or financial resources to which the aggrieved person is entitled under any law is also Domestic Violence. In this case, it is the fact that the petitioner was deprived of her Stridhan articles for a long, which were under the custody of the opposite parties. This fact is tantamount to Domestic Violence.

In the case of Nandita Sarkar, the aggrieved woman was asked to leave the matrimonial house after the death of her spouse in 2010, one of the sections of the DV act prevents women from being ousted from a matrimonial house. Also, the woman's Stridhan and other articles were kept with in-laws. Again misappropriating Stridhan is a criminal breach of trust. The woman also claimed she was subjected to cruelty, even when her spouse was alive. For almost a decade she has been struggling for her financial stability. 

Court heard the plea by a widow seeking compensation and monetary relief from her in-laws. Court noted the widow did not have any independent income and resided at the mercy of her father. The day-to-day expenses of her livelihood are not a deniable factor. Thus the circumstances incurred and loss suffered by the petitioner is proved from the facts and circumstances of this case."

The aggrieved woman filed a plea in 2015, since then has been fighting for rights and before that enduring violence. Similar to her many women keep enduring till it becomes unbearable. The study suggests women reach court when it becomes unbearable till then suffer in silence or utmost approach elders. To add more to their peril court lengthy proceedings and insensitive attitude cost women life of struggle and hardship. In the case of Sarkar, Court recognized that ultimately, it is the irony of fate, that instead of specific legislative intent, the widow lady has been roaming the doors of Courts for long 10 years without receiving any monetary relief.

It doesn't end their people often criticise women for approaching court and demanding alimony, maintenance, or compensation. Women are cursed and shamed for asking for monetary compensation for the harassment they have faced over the years. Many times the economic resources a woman is entitled to, are seized by the extended family. In such a scenario what women should do? If you go through DV cases pending in the court at the district level, several cases are filed for the maintenance of the children and not even for the woman herself. Every case has different issues and the court needs to judge accordingly, not setting a particular standard for it. 

Suggested Reading- Helping Male Victims Of Domestic Abuse Can Benefit Society As A Whole

What is Stridhan?

Stridhan is basically properties or articles that a female received through gifts from her relatives, it also includes gifts that are provided by her family, in-laws, and guests at the time of the marriage ceremony. The court also observed that when a wife entrusts her Stridhan to her spouse or any other family member and the person misappropriates then that is a criminal breach of trust.