In A First, Pune Court Conducts Divorce Proceedings On Skype

In A First, Pune Court Conducts Divorce Proceedings On Skype

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Stridhan* - *Detailed* *Description

*Stridhan* - *Detailed* *Description*

The important features of Stridhan can be described as under:

(1) Whether it is Stridhan or Not:

A Hindu female can secure the property from numerous sources but every such property cannot be Stridhan. Whether a property constitutes Stridhan, depends upon the following factors:

(a) Source of acquiring the property,

(b) The status of the female at the time of acquiring the property, i.e., maidenhood, married status or widowhood.

(c) The school to which she belonged.

(2) Hindu Succession Rights:

In the matters of succession to Stridhan, a new order of heirs was provided under law which included her own heirs upon whom Stridhan devolved after the death of the female. This rule does not apply to the succession of woman’s estate. But now under the Hindu Succession Act, 1956 the distinction between the two categories of property have been abolished and an uniform rule of succession has been provided with respect to Stridhan.

(3) Power of Alienation (the transfer of the ownership of property rights):

A Hindu female possessed absolute ownership over Stridhan and hence she enjoyed absolute right of alienation of such property. She could voluntarily dispose it of.

After the commencement of the Hindu Succession Act, 1956, every property held by a Hindu female on the date of the enforcement of Act, whether acquired prior or subsequent to the Act, became her absolute property. Hence she has got the absolute power to alienate the same at her volition.

Important sources of Stridhan:

Properties acquired from the following sources fall under the expression Stridhan—

(i) Gift received from relatives.

(ii) Gifts and bequests received from strangers during maidenhood.

(iii) Property obtained in partition.

(iv) Property got in lieu of maintenance.

(v) Property acquired by inheritance.

(vi) Property acquired through technical skill and art.

(vii) Property acquired by compromise.

(viii)Property acquired by adverse possession.

(ix) Property purchased with the earnings of the Stridhan or with savings of income from Stridhan.

(x) Property acquired lawfully from sources other than those mentioned above.

Kinds of Stridhana and incidents thereof:

(i) Adhayagni—gifts given at the time of nuptial fire.

(ii) Adhyavaharika—gifts given to bride while going to her husband’s house.

(iii) Pritidatta—gifts given to the daughters-in-law by mother and father-in-law out of love and affection.

(iv) Patidatta—gifts given to her by her husband.

(v) Padvannadanika—gifts given by the elders while wishing them and paying them respect.

(vi) Anvadhyeyaka—gifts received from husband after her marriage.

(vii) Adhivedanika—gift given to first wife when the second wife was brought.

(viii) Shulk—money received for marriage.

(ix) Bandhudatta—gifts given by relatives of mother and father.

(x) Vritti—money given for maintenance and properties purchased from the money given towards her maintenance.

(xi) Yavtaka—when the bride and bridegroom sat together after marriage and received gifts i.e., the gifts given to wife during marriage.

(xii) Ayavtaka—those which did not fall in the yavtaka category mentioned above.

(xiii) Savdayika and Asavdayika—this kind of Stridhan covers those properties which are received by a woman from her husband, father or at husbands’ or father’s house. The division of, Stridhan by Katyayana into Saudayika and Asaudayika depends upon right of alienation. She has an absolute right over all the Saudayika properties. Over Asaudayika Stridhan the husband too has the right of ownership.

(xiv) Paribhashit and aparibhashit—Technical stridhan—Mayukha law divides the Stridhan into paribhashit and aparibhasit categories. The paribhasit one is given to the woman before fire or at the time of her departure for husband’s home. Other properties given to her fall under aparibhashik category.

Stridhan* - *Detailed* *Description

*Stridhan* - *Detailed* *Description*

The important features of Stridhan can be described as under:

(1) Whether it is Stridhan or Not:

A Hindu female can secure the property from numerous sources but every such property cannot be Stridhan. Whether a property constitutes Stridhan, depends upon the following factors:

(a) Source of acquiring the property,

(b) The status of the female at the time of acquiring the property, i.e., maidenhood, married status or widowhood.

(c) The school to which she belonged.

(2) Hindu Succession Rights:

In the matters of succession to Stridhan, a new order of heirs was provided under law which included her own heirs upon whom Stridhan devolved after the death of the female. This rule does not apply to the succession of woman’s estate. But now under the Hindu Succession Act, 1956 the distinction between the two categories of property have been abolished and an uniform rule of succession has been provided with respect to Stridhan.

(3) Power of Alienation (the transfer of the ownership of property rights):

A Hindu female possessed absolute ownership over Stridhan and hence she enjoyed absolute right of alienation of such property. She could voluntarily dispose it of.

After the commencement of the Hindu Succession Act, 1956, every property held by a Hindu female on the date of the enforcement of Act, whether acquired prior or subsequent to the Act, became her absolute property. Hence she has got the absolute power to alienate the same at her volition.

Important sources of Stridhan:

Properties acquired from the following sources fall under the expression Stridhan—

(i) Gift received from relatives.

(ii) Gifts and bequests received from strangers during maidenhood.

(iii) Property obtained in partition.

(iv) Property got in lieu of maintenance.

(v) Property acquired by inheritance.

(vi) Property acquired through technical skill and art.

(vii) Property acquired by compromise.

(viii)Property acquired by adverse possession.

(ix) Property purchased with the earnings of the Stridhan or with savings of income from Stridhan.

(x) Property acquired lawfully from sources other than those mentioned above.

Kinds of Stridhana and incidents thereof:

(i) Adhayagni—gifts given at the time of nuptial fire.

(ii) Adhyavaharika—gifts given to bride while going to her husband’s house.

(iii) Pritidatta—gifts given to the daughters-in-law by mother and father-in-law out of love and affection.

(iv) Patidatta—gifts given to her by her husband.

(v) Padvannadanika—gifts given by the elders while wishing them and paying them respect.

(vi) Anvadhyeyaka—gifts received from husband after her marriage.

(vii) Adhivedanika—gift given to first wife when the second wife was brought.

(viii) Shulk—money received for marriage.

(ix) Bandhudatta—gifts given by relatives of mother and father.

(x) Vritti—money given for maintenance and properties purchased from the money given towards her maintenance.

(xi) Yavtaka—when the bride and bridegroom sat together after marriage and received gifts i.e., the gifts given to wife during marriage.

(xii) Ayavtaka—those which did not fall in the yavtaka category mentioned above.

(xiii) Savdayika and Asavdayika—this kind of Stridhan covers those properties which are received by a woman from her husband, father or at husbands’ or father’s house. The division of, Stridhan by Katyayana into Saudayika and Asaudayika depends upon right of alienation. She has an absolute right over all the Saudayika properties. Over Asaudayika Stridhan the husband too has the right of ownership.

(xiv) Paribhashit and aparibhashit—Technical stridhan—Mayukha law divides the Stridhan into paribhashit and aparibhasit categories. The paribhasit one is given to the woman before fire or at the time of her departure for husband’s home. Other properties given to her fall under aparibhashik category.

Maintenance Case laws in favor of husbands:

*⭐Maintenance Case laws in favor of husbands:*

1. Reduced interim maintenance. (SC), Hbl J. R. M. Lodha, order on 20-07-2010, Appeal No. 5660 of 2010, Arising SLP (C) No. 6736 of 2007, Neeta Rakesh Jain Vs Rakesh Jeetmal Jain. Citation No. AIR 2010 SC 3540; (2010) 12 SCC 242; 2010 (7) JT I 76 (SC).

2. Wife is not entitled to maintenance who deserted her husband. (Supreme Court), Bench Hbl JJ. S. Ahmed & D. Wadhwa, order on 02-03-200, AIR 2000 SC 952, 2000(2) ALD Cri 15, 2000Cr. LJ 1498, Rohtash Singh Vs Smt. Ramendrei & Ors. Citation No. (2000) 3 SCC 180; JT 2000 (2) SC 553.

3. Maintenance not granted as it is proved that wife wants to reside separately. No maintenance to deserting wife. (HC Chhattisgarh), Hbl J., L. C. Bhadoo, order on 15 -02-2004, Crl. Revision No. 544/2003, Shiv Kumar Yadav Vs Santoshi Yadav.

4. Husband can get PF details of wife. (CIC, Delhi), Decision No. 1816/ IC (A) 2008, F No. CIC/MA/A/2007/00583, Prof M.M. Ansari, order on 10 Jan 2008.

5. Wife guilty of contempt of court, maintenance denied with cost. (HC Delhi), Hbl J. S. N. Dhingra, order on 25-01-2010, Cont. Case (C) 482 of 2008, Gurbinder Singh Vs Manjit Kaur.

6. Children have to maintain their parents. (High Court Gujrat), Hbl J. Akhil Kureshi, order on 09-02-2011, CR RA/759 of 2009, 4/4, Hasmukhbhai Narayan Bhai Viramiya Vs State & Ors.

7. Conditions when maintenance to be paid. (High Court Delhi), Mr. Pradeep Nandrajog J., order reserved on 02-04-2007, order on 14-04-2007, CM (M) No. 367 of 2007, Alok Kumar Jain Vs Purnima Jain. Citation No. 2007 (96) DRJ 115.

8. All states amends in Sec 125 CrPC is invalid. (SC), Bench Hbl M. Katju, Gyan Sudha Mishra JJ., order on 11 Jan 2011, Crl Appeal No. 107 of 2011, SLP (Crl) No. 6568 of 2009, Manoj Yadav Vs Pushpa Yadav. Citation No. 2011 : 1 L.W. (Crl.) 520.

9. Wife should clear that she is unable to maintain her. No maintenance to enable wife who deserted her husband. (High Court Karnataka), Bench Hbl J. M. Patil, order on 13-02-1980, Haunsabai Vs Balkrishna Krishna Badigar. Citation Nos. 1981 Cri LJ 110; ILR 1980 KAR 612; 1980 (2) Kar LJ 158.

5 STEPS TO WIN THE INTERIM MAINTENANCE

10. Maintenance on actual earning. (High Court Delhi), Hbl J. Shiv Narayan Dhingra, order reserved 25-07-2008, order on 18-09-2008, CM (M) No. 1790 of 2006 and CM No. 1435 of 2006, Ritu Raj Kant Vs Anita. Citation No. 154 (2008) DLT 505.

11. Maintenance denied for working wife. (High Court Madras), Hbl A. S. Venkatachalamoorthy J., order on 21-06-2002, Kumaresan Vs Aswathi. Citation No. (2002) 2 MLJ 760.

12. No maintenance for capable and working wife. (High Court Maharastra), Hbl J. C. Chitre J., order on 24-03-2000, Smt. Mamta Jaiswal Vs Rajesh Jaiswal. Citation No. 2000 (4) MPHT 457; II (2000) DMC 170.

13. No maintenance to earning wife, only to children. (High Court Karnataka), Hbl K. Manjunath J., order on 22-08-2005, AIR 2005 Kant 417, ILR 2005 KAR 4981, Dr. E. Shanthi Vs Dr. H K. Vasudev.

14. No Maintenance to working wife in 125 CrPC. (High Court Madras), Hbl P. Sathasivam J., order on 21-01-2003, Manokaran @ Ramamoorthy Vs M. Devaki. Citation Nos. AIR 2003 Mad 212; I (2003) DMC 799; (2003) I MLJ 752 (Mad), CMP No. 16264 of 2002.

15. No Maintenance to wife, but only to child. (HC Mumbai), Hbl J. B. L. Marlapalle, order on 18-7-2009, Appeal No. 20 of 2005 and 144 of 2005, Smt. Manju Kamal Mehra Vs Kamal Puskar Mehra. Citation Nos. 2010 AIR (Bom) 34; 2009 (5) AIIMR 798; Legal/ 360.in 114983; LS/Bom/2009/1374.

16. No maintenance U/s 125 CrPC when wife deserts hubby without cause and also she is earning. No Maintenance to capable wife, but only to child and no maintenance to wife living in adultery. (HC Uttaranchal), Hbl J. Alok Singh, order on 18-11-2009, Crl. Rev. No. 201 of 2006, Smt. Archana Gupta & ors Vs Rajeev Gupta.

17. Wife should clear that she is unable to maintain herself. (HC Allahabad), Hbl J. B. Katju, order on 25-03-1976, Manmohan Singh Vs Smt. Mahindra Kaur. Citation No. 1976 Cri LJ 1664.

18. No Maintenance if wife is working. (HC Uttaranchal), Hbl J. Dharamveer, order on 25-10-2010, Crl Rev. No. 88 of 2002, Vikas Jain Vs Deepali @ Ayushi. Citation No. LAWS (UTN) 2010-1-36.

19. Wife living separate troubled in family no maintenance. (HC Madras), Hbl J. P. R. Shiva Kumar, order on 22-02-2008, Crl. R. C. No. 1491 of 2005, Marimuthu Vs Janaki. Citation No. AIR 2003 Mad 212; I (2003) DMC 799; (2003) I MLJ 752.

Naushad Ali Advocate
Ghaziabad

Maintenance Case laws in favor of husbands:

*⭐Maintenance Case laws in favor of husbands:*

1. Reduced interim maintenance. (SC), Hbl J. R. M. Lodha, order on 20-07-2010, Appeal No. 5660 of 2010, Arising SLP (C) No. 6736 of 2007, Neeta Rakesh Jain Vs Rakesh Jeetmal Jain. Citation No. AIR 2010 SC 3540; (2010) 12 SCC 242; 2010 (7) JT I 76 (SC).

2. Wife is not entitled to maintenance who deserted her husband. (Supreme Court), Bench Hbl JJ. S. Ahmed & D. Wadhwa, order on 02-03-200, AIR 2000 SC 952, 2000(2) ALD Cri 15, 2000Cr. LJ 1498, Rohtash Singh Vs Smt. Ramendrei & Ors. Citation No. (2000) 3 SCC 180; JT 2000 (2) SC 553.

3. Maintenance not granted as it is proved that wife wants to reside separately. No maintenance to deserting wife. (HC Chhattisgarh), Hbl J., L. C. Bhadoo, order on 15 -02-2004, Crl. Revision No. 544/2003, Shiv Kumar Yadav Vs Santoshi Yadav.

4. Husband can get PF details of wife. (CIC, Delhi), Decision No. 1816/ IC (A) 2008, F No. CIC/MA/A/2007/00583, Prof M.M. Ansari, order on 10 Jan 2008.

5. Wife guilty of contempt of court, maintenance denied with cost. (HC Delhi), Hbl J. S. N. Dhingra, order on 25-01-2010, Cont. Case (C) 482 of 2008, Gurbinder Singh Vs Manjit Kaur.

6. Children have to maintain their parents. (High Court Gujrat), Hbl J. Akhil Kureshi, order on 09-02-2011, CR RA/759 of 2009, 4/4, Hasmukhbhai Narayan Bhai Viramiya Vs State & Ors.

7. Conditions when maintenance to be paid. (High Court Delhi), Mr. Pradeep Nandrajog J., order reserved on 02-04-2007, order on 14-04-2007, CM (M) No. 367 of 2007, Alok Kumar Jain Vs Purnima Jain. Citation No. 2007 (96) DRJ 115.

8. All states amends in Sec 125 CrPC is invalid. (SC), Bench Hbl M. Katju, Gyan Sudha Mishra JJ., order on 11 Jan 2011, Crl Appeal No. 107 of 2011, SLP (Crl) No. 6568 of 2009, Manoj Yadav Vs Pushpa Yadav. Citation No. 2011 : 1 L.W. (Crl.) 520.

9. Wife should clear that she is unable to maintain her. No maintenance to enable wife who deserted her husband. (High Court Karnataka), Bench Hbl J. M. Patil, order on 13-02-1980, Haunsabai Vs Balkrishna Krishna Badigar. Citation Nos. 1981 Cri LJ 110; ILR 1980 KAR 612; 1980 (2) Kar LJ 158.

5 STEPS TO WIN THE INTERIM MAINTENANCE

10. Maintenance on actual earning. (High Court Delhi), Hbl J. Shiv Narayan Dhingra, order reserved 25-07-2008, order on 18-09-2008, CM (M) No. 1790 of 2006 and CM No. 1435 of 2006, Ritu Raj Kant Vs Anita. Citation No. 154 (2008) DLT 505.

11. Maintenance denied for working wife. (High Court Madras), Hbl A. S. Venkatachalamoorthy J., order on 21-06-2002, Kumaresan Vs Aswathi. Citation No. (2002) 2 MLJ 760.

12. No maintenance for capable and working wife. (High Court Maharastra), Hbl J. C. Chitre J., order on 24-03-2000, Smt. Mamta Jaiswal Vs Rajesh Jaiswal. Citation No. 2000 (4) MPHT 457; II (2000) DMC 170.

13. No maintenance to earning wife, only to children. (High Court Karnataka), Hbl K. Manjunath J., order on 22-08-2005, AIR 2005 Kant 417, ILR 2005 KAR 4981, Dr. E. Shanthi Vs Dr. H K. Vasudev.

14. No Maintenance to working wife in 125 CrPC. (High Court Madras), Hbl P. Sathasivam J., order on 21-01-2003, Manokaran @ Ramamoorthy Vs M. Devaki. Citation Nos. AIR 2003 Mad 212; I (2003) DMC 799; (2003) I MLJ 752 (Mad), CMP No. 16264 of 2002.

15. No Maintenance to wife, but only to child. (HC Mumbai), Hbl J. B. L. Marlapalle, order on 18-7-2009, Appeal No. 20 of 2005 and 144 of 2005, Smt. Manju Kamal Mehra Vs Kamal Puskar Mehra. Citation Nos. 2010 AIR (Bom) 34; 2009 (5) AIIMR 798; Legal/ 360.in 114983; LS/Bom/2009/1374.

16. No maintenance U/s 125 CrPC when wife deserts hubby without cause and also she is earning. No Maintenance to capable wife, but only to child and no maintenance to wife living in adultery. (HC Uttaranchal), Hbl J. Alok Singh, order on 18-11-2009, Crl. Rev. No. 201 of 2006, Smt. Archana Gupta & ors Vs Rajeev Gupta.

17. Wife should clear that she is unable to maintain herself. (HC Allahabad), Hbl J. B. Katju, order on 25-03-1976, Manmohan Singh Vs Smt. Mahindra Kaur. Citation No. 1976 Cri LJ 1664.

18. No Maintenance if wife is working. (HC Uttaranchal), Hbl J. Dharamveer, order on 25-10-2010, Crl Rev. No. 88 of 2002, Vikas Jain Vs Deepali @ Ayushi. Citation No. LAWS (UTN) 2010-1-36.

19. Wife living separate troubled in family no maintenance. (HC Madras), Hbl J. P. R. Shiva Kumar, order on 22-02-2008, Crl. R. C. No. 1491 of 2005, Marimuthu Vs Janaki. Citation No. AIR 2003 Mad 212; I (2003) DMC 799; (2003) I MLJ 752.

Naushad Ali Advocate
Ghaziabad

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25% Of Husband’s Net Salary Just & Proper To Be Awarded As Maintenance To Wife: SC

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