Matrimonial disputes: Kerala HC says courts must not assume bride entrusted gold based on social customs
The Kerala High Court has ruled that courts considering matrimonial disputes must not presume that a bride has entrusted gold to her husband or in-laws
The Kerala High Court has ruled that courts considering matrimonial disputes must not presume that a bride has entrusted gold to her husband or in-laws based on social customs or as a general practice. Justice A.K. Jayasankaran Nambiar stated that while considering claims by a wife for the return of gold or money that she brought with her at the time of her marriage, the court needs to look for oral, documentary or circumstantial evidence which can be used to infer if such gold or money was entrusted to the husband or his relatives, or was misappropriated by them.
The court held that in the past, the general practice of a bride entrusting her gold ornaments or “sthridhan” to her husband/mother-in-law for safekeeping may not reflect the present, where many well-educated and financially independent brides retain control over all their material possessions even after entering the matrimonial home. The court observed that the changed status of women in modern society, the extent of their empowerment, and the feminine perspective that they bring to understanding social customs and practices, have to be taken into account.
The courts considering matrimonial disputes must insist on evidence in these aspects. The court was considering an appeal against an order by the Muvattupuzha Family Court where the wife had alleged that her father had paid ₹5 lakh to her father-in-law and that she had worn 90 sovereigns of gold ornaments to her wedding. She stated that her husband took 60 sovereigns of gold soon after the marriage for safekeeping in a bank locker and later failed to return them, and that she was subjected to harassment for additional dowry.
The husband denied the wife’s claim regarding the 60 sovereigns and also denied demanding or receiving ₹5 lakh from her father. The court partly allowed the appeal, directing the husband and his father to return ₹5 lakh with interest at 6% from the date of filing of the original petition and 30 sovereigns of gold, or its market value at the time of payment, to the wife.
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