In a recent development, the Supreme Court held up a trial court and the Tripura High Court for dismissing the plea of a woman for streedhan, on the ground of being judicially separated from her husband. According to the trial court, the woman lost the right to her jewellery after she separated from her husband.
But the Supreme Court clarifies that The Protection of Women from Domestic Violence Act is meant for women and the courts must take such complaints into consideration.
According to the law, as long as the man and woman are married irrespective of them living together or not, the woman is entitled to her property and assets. The wife can claim her rights on her property and jewellery under Section 12 of the Act as the status between the parties’ remains and their marriage has not been dissolute.
So, judicial separation or the couple living separately is different from the couple being divorced and that entitles the women to her rights.
“A decree or an order for judicial separation permits the parties to live apart. Mutual rights and obligations arising out of a marriage are suspended. The decree however, does not sever or dissolve the marriage,” the bench said.
While they heard the plea of a woman who got married in 2005 and five years later her husband went to court and the court passed the order in his favour. He didn’t give back her jewellery and other assets for which for women approached the authorities. She went to court with this plea and the trial court dismissed her plea on grounds of separation, but the HC upheld the order.
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