In short. Stridhan, including jewellery, gifts and articles given to the bride before, at or after the wedding, belongs to her absolutely. If the husband or in-laws refuse to return it after a written demand, she can approach the police (criminal breach of trust, BNS s.316), seek a return order under s.19(8) of the DV Act, or file a civil or family court claim for the articles or their value.
Most stridhan disputes are not about the law, which is settled in the woman's favour. They are about proof and about getting physical possession of things that are sitting in someone else's almirah or bank locker. The jewellery given by her parents, the gifts from relatives, the items bought for the new home: the question is always what exactly was given, who has it now and how to get it back without a three-year fight. Our family law practice deals with these claims mostly as part of a wider separation.
This post is about the articles. For the wider set of orders available under the Domestic Violence Act, read protection, residence and monetary orders under the DV Act. If the return of jewellery is part of a divorce settlement, permanent alimony and one-time settlement explains how such packages are usually structured.
- Whose property
- The woman's alone (Hindu Succession Act s.14; Pratibha Rani, 1985)
- Criminal route
- Criminal breach of trust, BNS s.316 (old IPC s.406)
- DV Act route
- Return order under s.19(8); bar on dealing with stridhan under s.18(e)
- Dowry law
- Dowry must be transferred to the woman within 3 months (DP Act s.6)
- Civil route
- Suit for return or value; family court under HMA s.27 for joint property
- First step
- Written demand with an itemised list, sent by a provable method
What counts as stridhan, and is dowry different?
Stridhan is property a woman receives as gifts before marriage, at the wedding, at the time of bidaai or later, from her parents, her in-laws, her husband, relatives or friends. Jewellery is the obvious example, but stridhan also includes cash gifts, clothes, utensils, furniture and electronic goods given to her, money in her name, and anything she buys with her own earnings or her stridhan. Under section 14 of the Hindu Succession Act it is her absolute property, and the Supreme Court in Maya Gopinathan v Anoop S.B. (2024) restated that the husband has no control over it, though he may use it in distress with a moral duty to return it.
Dowry is different in law and the same in outcome. Dowry is property given in connection with the marriage as a consideration for it, which is illegal under the Dowry Prohibition Act 1961. But section 6 of that Act says that if dowry is received by anyone other than the woman, that person must transfer it to her within three months. So even items that were given as dowry, under pressure, belong to her and must be returned to her, not kept by the in-laws.
Families often hesitate to call anything dowry because giving dowry is also an offence. Section 7(3) of the Dowry Prohibition Act answers that worry: a statement by the person aggrieved by the offence does not expose her to prosecution under the Act. In practice, what matters in a recovery claim is not the label but the list of articles and the proof that they went to the matrimonial home.
Which items can you claim back?
Disputes usually turn on a few categories. This is how courts and police in Delhi NCR tend to treat them.
| Item | Usually treated as | What helps prove it |
|---|---|---|
| Jewellery given by her parents and relatives | Stridhan | Jeweller's bills, wedding photos and video, gift register, locker records |
| Jewellery given by the in-laws at the wedding (chadhava) | Stridhan, though in-laws often dispute it | Photos of her wearing it, ceremony video, family messages |
| Cash or cheques given to the couple | Disputed; easier if credited to her account | Bank statements, transfer receipts, shagun envelopes list |
| Car or bike gifted, registered in the husband's name | Often treated as dowry or a gift to him; claim its value | Payment proof by her family, registration date, messages about the demand |
| Furniture, appliances, utensils for the new home | Stridhan; courts often allow value instead of return | Bills, delivery receipts, photos of the house |
| Her own salary and savings | Her property, not stridhan as such, but recoverable | Salary slips, bank statements, proof of transfer to the husband |
| Items bought jointly during the marriage | Joint property; divided by agreement or court | Who paid, in whose name, how used |
Can the husband or in-laws refuse to return it?
No. In Pratibha Rani v Suraj Kumar (1985) the Supreme Court held that stridhan entrusted to the husband or his family is held by them as trustees, and refusing to return it on demand can amount to criminal breach of trust. That principle has been followed for forty years and was repeated in Maya Gopinathan in 2024. The in-laws cannot keep jewellery as security for a loan, as compensation for wedding expenses, or as a bargaining chip in a divorce.
Two points cut the other way, and both are about evidence. First, the woman has to show what was given and that it reached the husband or in-laws; the law does not presume that every item on her list exists. Second, for the criminal case she has to show entrustment, that is, that the particular person she accuses actually took or held the articles. Courts regularly quash breach-of-trust charges against relatives who lived elsewhere and are only named in a general sentence.
Stridhan belongs to the woman herself. Her parents or brothers cannot claim it in their own name while she is alive, and courts have dismissed such claims. If she is abroad or unable to pursue it, she can authorise a family member by a power of attorney, but the claim is hers.
How do I prove what I was given?
Start with the wedding. Photographs and videos show the jewellery she wore and often the gifts being handed over. Many families keep a register of gifts and shagun; even a handwritten notebook from the wedding is useful evidence. Jewellers' bills, especially those in the name of the bride or her father, establish the weight and purity of gold. Bank statements show payments to jewellers, furniture stores and car dealers in the months before the wedding.
Then look at the matrimonial home. Messages in the family WhatsApp group about where jewellery was kept, a photograph of the bride's almirah, a bank locker opened in the husband's or mother-in-law's name soon after the wedding and its visit register, a gold loan taken against jewellery: all of these show who held the articles. The Dowry Prohibition (Maintenance of Lists of Presents to the Bride and Bridegroom) Rules 1985 require a list of presents to be kept at the wedding. Few families do it, but if one exists, it is strong evidence.
In a civil claim the court decides on the balance of probabilities, as Maya Gopinathan confirms; it does not demand criminal-trial proof. A consistent, itemised list backed by photographs and a few bills is often enough. In a criminal case the standard is higher, so the same list needs clearer proof of entrustment against each accused.
Documents that prove a stridhan claim
Gather copies now, before relationships sour further and records go missing.
From the wedding
- Wedding photographs and full video recording
- Gift and shagun register, if kept
- Invitation card and venue booking (to fix the date)
- Any list of presents signed at the time
Purchase records
- Jewellers' bills and hallmark certificates
- Bank statements showing payments for jewellery, furniture, car
- Delivery challans for furniture and appliances
- Vehicle registration and payment receipts
Who holds it now
- Messages about where jewellery was kept
- Bank locker details, key holder and visit register (ask the bank)
- Gold loan papers if jewellery was pledged
- Your written demand and their reply or silence
Start with a written demand
Before going to the police or court, send a written demand with an itemised list. This matters for two reasons. The criminal offence of breach of trust is usually complete on demand and refusal, and courts generally count time from the refusal. And a clear demand with a date to return gives the in-laws a chance to hand things over without litigation, which happens more often than people expect once an advocate's letter arrives.
The list should describe each item precisely: a gold necklace set of about 40 grams with earrings, two gold bangles of 22 carat, a diamond ring, a double bed, a refrigerator of a named brand. Include approximate weight or value where known. Ask for return on a fixed date and at a neutral place, or offer to collect with a family member and a police officer present. Send it by speed post and email, and keep the tracking report.
If they reply denying that the articles exist, or claiming you took everything when you left, that reply is itself evidence of the dispute and fixes the date of refusal. If they stay silent, the silence after a clear demand does the same.
Recovering stridhan step by step
This is the usual sequence in Delhi, Noida and Ghaziabad. Not every case needs every step.
Make the list and collect proof
Write out every article with description, weight and value, and match each to a photo, bill or message. Keep the original list unsigned until your advocate has reviewed it, so nothing is left out.
Send a written demand
A legal notice from an advocate, or your own signed letter, by speed post and email, giving a date and place for return. Keep proof of delivery.
Approach the CAW Cell or police
In Delhi, matrimonial complaints usually go first to the district Crime Against Women Cell, which calls both sides for counselling. Stridhan is often returned there against an inventory. In Noida and Ghaziabad, the Mahila thana or the local police station handles the complaint.
Ask for an FIR if they refuse
If there is no return and the facts show entrustment and refusal, the police can register an FIR for criminal breach of trust under BNS s.316. If they refuse to register, the remedies under BNSS s.173 and s.175(3) apply.
Recovery and interim custody
After an FIR, the investigating officer can seize the articles under BNSS s.106. You then apply to the magistrate for interim custody (superdari) under BNSS s.497, so the jewellery does not sit in the police malkhana for years.
Use the DV court or civil court where needed
If you are already in a DV case, ask for a return order under s.19(8) and a bar on dealing with the stridhan under s.18(e). Where the items are gone or the dispute is about value, a civil suit or a claim in the family court may suit better.
Record the handover properly
Whenever articles are returned, check them item by item, weigh gold at a jeweller if needed, record it on video and sign a receipt that lists what was returned and what is still due.
The legal routes and when each one fits
These remedies can run together, but each has its own purpose and its own cost in time.
Criminal breach of trust, BNS s.316
Where the husband or in-laws hold the stridhan and refuse to return it, this is the main criminal provision. Simple criminal breach of trust under s.316(2) carries imprisonment up to five years, or fine, or both. It is cognizable, and the threat of an FIR often produces a return. It is also the route most open to misuse, and vague allegations against every relative are frequently quashed by the High Court.
Domestic Violence Act, ss.18(e), 19(8) and 20
The magistrate can direct the respondent to return her stridhan or other property (s.19(8)), restrain him from operating lockers or alienating her stridhan (s.18(e)) and award monetary relief for property destroyed or removed (s.20). This is quick and civil in nature, and suits women who are already filing a DV case.
Dowry Prohibition Act 1961, s.6
Anyone other than the woman who receives dowry must transfer it to her within three months. Failure is punishable with imprisonment from six months to two years, or fine, or both. Courts can also order the dowry to be transferred to her.
Civil suit and Hindu Marriage Act s.27
A civil suit can seek return of specific movable property or its value, with damages. In a divorce case, section 27 of the Hindu Marriage Act lets the family court make provision in the decree for property presented at or about the time of marriage that may belong jointly to the husband and wife. Limitation for a civil claim is generally three years, usually counted from when the holding became wrongful, typically the refusal of a clear demand; confirm the exact article that applies to your facts.
What happens at the CAW Cell and the police station?
In Delhi, a written complaint about a matrimonial dispute is usually sent to the Crime Against Women Cell of the district, where an officer calls both families for counselling over a few sittings. This is not a court and cannot force anything, but a large share of stridhan is returned there, because the in-laws know an FIR may follow if talks fail. The return is done against a list, often with photographs or video, and both sides sign. Read every line of that list before signing; once you sign that you have received "all articles", it is very hard to claim more later.
If counselling fails, the cell may recommend registration of an FIR, usually under BNS s.85 (cruelty) and s.316 (breach of trust), or close the complaint. Where an FIR is registered, the investigating officer can seize jewellery and goods from the in-laws' house or locker. Seized articles go to the police malkhana. Apply promptly to the magistrate under BNSS s.497 for interim custody on a superdari bond, with photographs and a valuation, so the articles come back to you during the trial instead of years later.
When Advocate B.K. Singh's office handles a stridhan complaint, the first thing checked is whether the list given to the police matches the list in the demand letter and in any DV or maintenance petition already filed. Three different lists in three forums is the most common reason a genuine claim loses credibility. If the police are unwilling to act at all, the post on police refusing to register an FIR sets out the remedies.
Comparing the routes
| Route | Forum | What you can get | Main drawback |
|---|---|---|---|
| Counselling and handover | CAW Cell (Delhi), Mahila thana (NCR) | Physical return of listed articles | No power to compel; depends on the other side |
| FIR for breach of trust | Police, then magistrate | Seizure, interim custody, prosecution | Slow trial; risk of quashing if allegations are vague |
| DV Act order | Metropolitan or Judicial Magistrate | Return order, bar on dealing with stridhan, money for lost items | Needs a domestic relationship and a DV application |
| Civil suit | Civil judge or district judge, by value | Return of articles or their value, with damages | Court fee on value; takes years if contested |
| Family court, HMA s.27 | Family court hearing the divorce | Division of jointly presented property in the decree | Only within a pending matrimonial case |
What if the jewellery has been sold or pledged?
Then you claim its value. If the husband pledged your jewellery for a gold loan, the loan papers from the bank or NBFC show the weight and date and are strong evidence of both possession and misuse. The court can direct him to redeem it, or order payment of the value. In a DV case the value can be awarded as monetary relief under section 20(1)(c) for loss caused by removal of property; in a civil suit, as the value with interest.
Value is usually taken at the current price of gold for the weight proved, not the price on the wedding day. Furniture and appliances lose value, so courts often award a depreciated figure or let the woman take the goods as they are. Cash given at the wedding is the hardest item to recover, unless it went into a bank account. Be realistic about which items you can prove and concentrate on those; a claim for a modest list that is fully proved is worth more than a long list with nothing behind half of it.
A made-up example: jewellery in the mother-in-law's locker
Here's a made-up example. Ritu married in Ghaziabad in 2022. Her parents gave her about 180 grams of gold jewellery, bills in her father's name from a jeweller in Raj Nagar. A week after the wedding her mother-in-law took the jewellery "for safekeeping" and put it in a locker in her own name at a bank in Indirapuram. In 2026 Ritu moved back to her parents' house in Delhi after repeated quarrels.
Her advocate sent a legal notice listing each piece with weight, attaching the bills and three wedding photographs, and asking for return within fifteen days. The in-laws replied that Ritu had taken all her jewellery with her. That reply fixed the date of refusal. Ritu then filed a DV application in Delhi, where she now lived, asking among other things for a return order under section 19(8) and an interim order restraining the mother-in-law from operating the locker. A family WhatsApp message from 2023 in which the mother-in-law said the "bahu's set is safe in my locker" persuaded the magistrate to pass the interim restraint, which was sent to the bank.
Faced with the frozen locker and the prospect of an FIR, the in-laws agreed in mediation to return the jewellery. It was handed over at the court's mediation centre, weighed by a jeweller both sides agreed on, and recorded in a signed receipt that listed each piece. One bangle was missing; its value was paid by cheque the same day.
Returning stridhan as part of a settlement
Most stridhan claims end in a settlement, often as part of a mutual consent divorce. The settlement deed or the mediation agreement should list every article being returned, the date and place of return, who will verify it, and what happens to anything not returned (a fixed sum instead). It should also say clearly whether the woman's claims to stridhan are fully satisfied, so neither side reopens it later.
Do the handover where it can be witnessed: the mediation centre at the court, the CAW Cell, or the advocate's office, with photographs and video. Weigh gold on the spot if weight is in dispute. Do not accept a sealed box and sign for it unopened. If the settlement is linked to the first and second motions in a mutual divorce, many couples tie the return of jewellery to the first motion and the balance alimony to the second, which keeps both sides committed. The post on mutual consent divorce in Delhi explains those stages.
If you are the husband's family: how to respond
Return what is hers, and get a proper receipt. Holding jewellery back as bargaining power almost always backfires: it gives the wife a clean criminal breach-of-trust case, it angers the court, and the articles end up being seized anyway. A family that returns stridhan early, through the CAW Cell or a lawyer's letter, removes the strongest part of the case against it.
Where the list is exaggerated, say so specifically and offer what you do have. Point out items that were never given, items she took when she left (with any evidence, such as CCTV footage or a neighbour's account), and relatives named in the complaint who never held anything. If an FIR has been registered against everyone, the facts on entrustment are the main ground for seeking quashing or discharge of distant relatives, and settlement opens the door to quashing the FIR on compromise. Our criminal law practice page explains how such cases move through the courts.
Mistakes that sink genuine stridhan claims
- Different lists in different forums. The demand notice, police complaint and DV application must carry the same list.
- No written demand. Without a clear demand and refusal, the in-laws can say nobody ever asked.
- Signing for "all articles" at the CAW Cell. Check each item before you sign, and write down what is missing.
- Naming every relative. Only those who actually held the articles should be accused of breach of trust.
- Letting seized jewellery sit in the malkhana. Apply for interim custody under BNSS s.497 as soon as it is seized.
- Claiming cash with no record. Unrecorded cash is rarely recovered and weakens the rest of the claim.
What to do this week
- Write out the full list of articles with descriptions, weights and approximate values.
- Collect wedding photos, video, jewellers' bills and bank statements from your family.
- Save messages that show who kept the jewellery and where.
- Find out the bank and branch of any locker where your jewellery is kept.
- Send a written demand with the list by speed post and email.
- If you already have a DV, maintenance or divorce case, check that the list there matches.
- Speak to an advocate before you go to the CAW Cell, so the complaint and list are right the first time.
Having the list checked before you act
A stridhan claim is only as good as its list and the first document filed. If you want an advocate to go through your list, bills and messages and suggest the quickest route, the team of Advocate B.K. Singh at B.K. Singh & Associates can review them through the enquiry page. The page on divorce cases in Delhi covers the wider separation, and civil law practice covers suits for recovery of property.
Frequently asked questions
Is stridhan the same as dowry?
No, but both end up with the woman. Stridhan is anything gifted to her; dowry is property given as a consideration for the marriage, which is illegal. Section 6 of the Dowry Prohibition Act still requires anyone holding dowry to transfer it to her within three months.
Can my parents ask for my stridhan back from my in-laws?
Not in their own name. Stridhan belongs to the woman, so the claim is hers. If she cannot pursue it herself, she can authorise a family member by a power of attorney.
Is there a time limit to claim stridhan?
For a civil claim, generally three years, usually counted from when the in-laws refused a clear demand. For the criminal route, time is generally counted from the demand and refusal, not from the wedding. Send a written demand early so the date is clear.
What if I have no bills for the jewellery?
Photographs and wedding video showing you wearing it, messages about it and witnesses from both families can prove it. In civil proceedings the court decides on the balance of probabilities. Claims backed by at least some independent evidence carry more weight.
Can the in-laws keep jewellery to cover wedding expenses or a loan?
No. Stridhan is held in trust and must be returned on demand. Any money claim they have must be pursued separately, not by keeping her property.
Can I get stridhan back without filing an FIR?
Yes. Many cases are resolved through a legal notice, the CAW Cell in Delhi, a DV Act order under section 19(8), or a settlement in mediation. An FIR is useful when the in-laws refuse and there is clear proof of entrustment.
What happens to jewellery seized by the police?
It goes to the police malkhana as case property. You can apply to the magistrate under BNSS section 497 for interim custody on a superdari bond, usually with photographs and a valuation. The court can then release it to you during the trial.
Who keeps gifts given to the husband at the wedding?
Gifts given personally to the husband, such as a watch or a suit, are generally his. A car or large item given by the bride's family on demand may be treated as dowry, which must go to her. Joint items can be divided under section 27 of the Hindu Marriage Act in the divorce case.
My husband pledged my gold for a loan. What can I do?
Get the gold loan papers, which prove weight and date. You can seek a direction to redeem the jewellery or pay its value, through a DV case, a civil suit or a criminal complaint. Courts usually value gold at the current rate for the proved weight.
Does the stridhan law apply to Muslim or Christian women?
Gifts made to a bride are her property under every personal law, and the DV Act and the criminal law apply to all women. For Muslim women, mahr is a separate claim. The Hindu Succession Act section 14 applies only to Hindus, but the principle that her gifts belong to her is general.
Can the husband's family be arrested for not returning stridhan?
Criminal breach of trust under BNS section 316 is cognizable, so arrest is legally possible after an FIR. In practice, for offences up to seven years, police are expected to follow the notice procedure under BNSS section 35, and returning the articles changes the picture considerably.
How should stridhan be returned in a mutual divorce?
List every article in the settlement deed, return it at the mediation centre or a neutral place, weigh gold if needed and record the handover on video. Both sides sign a receipt showing what was returned. Many couples link the return to the first motion and the balance payment to the second.
Written and reviewed at B.K. Singh & Associates
Advocate B.K. Singh
Founder of B.K. Singh & Associates. MCA, LL.B., LL.M., with more than twenty years of practice before the Supreme Court, the Delhi High Court, district courts and tribunals across Delhi NCR. This article explains the general law as of 24 October 2026; it is not legal advice on your facts.