Stridhan

Introduction

The literal meaning of the term “Stridhana” refers to the property which is owned by the stri i.e. the female. However, under Hindu law this term in its literal sense. It meant only that property of Hindu women which had these two properties:

(i) It could be disposed of by the female owner according to her intents and purposes;

(ii) It descended upon her own heirs on her death. In this way, this was the property over which the Hindu woman had full ownership.

The Smritis have described certain properties as Stridhana. The Mitakshara and the Dayabhaga Schools differ in this respect that can be found on the reading of the Smriti text of Yajnavalkya. That has resulted in a difference between the interpretation of this concept or rather, it may be said the authors of both the schools had differences. Therefore, they deliberately gave different readings to the smriti text to justify and fortify their positions. The Mitakshara has a liberal approach.

Smritis on Stridhana – The details of Stridhana in the Smritis are as follows –

Manu has enumerated in a verse property of six kinds as Stridhana.

1. Adhyagni – Gifts made whether by relations or by strangers before the nuptial fire.
2. Adhyavahanikam – Gifts made whether by relations or by strangers at the time of the departure of a bride from her parents to her husband after marriage.
3. Preetidattam – Gifts made in token of love by her father-in-law, mother-in-law and other elders at the time of her making obeisance at their feet.
4. Bhratripraptam – Gifts received from a brother.
5. Matripraptam – Gifts received from the mother.
6. Pitripraptam – Gifts received from the father.

In the next verse Manu has added one more item to the Stridhana, namely, the Anvadheyam i.e. the property given to her after marriage by her husband, mother and father out of affection.

Yajnavalkya has enumerated in addition to the gifts made by the father, mother, husband, brother, and adhyagni, three new items of Stridhana. They are –

(a) Adhivednikam – The gifts made by her husband when he takes another wife.
(b) Bnadhudattam – The gifts from any relations.
(c) Shulkam – The price given to her in consideration of her marriage. This happens in the Asura form of marriage.
Property got instead of maintenance or by adverse possession or purchased with stridhan would be considered as stridhan.

 MITAKSHARA ON STRIDHANA

According to Vijaneshwara, the author of the Mitakshara, the term Stridhana is a compound word and not a definitive one. The enumeration of the six kinds of Stridhana by Manu is just to specify that it cannot be less than that. It does not mean that it cannot be more. Therefore, all theI must consider property a woman owns which must be her stridhana.

The Mitakshara gave a concrete content to the word “etcetera” read by it in the YajnavalkyaSmriti. It laid down it includes property of five kinds namely (i) property got by inheritance, (ii) property got by purchase, (iii) property got on partition (iv) property got by prescription or adverse possession and (v) property found as lying owner less. For this liberal interpretation to Stridhana, Vijnaneshwara tried to strengthen the proprietary status of women almost as much as Section 14 of the HSA has done on the modern age.

DAYABHAGA ON STRIDHANA

Jimutavahan, the author of the Dayabhaga, gave a reading to the text of Yajnavalkya different from that given by Vijnaneshwara, the author of the Mitakshara. He ready “only” instead of “etcetera”. According to him, YajnavalkyaSmriti declares only those properties as Stridhana It lists which in that verse. It can make no addition to them. Jimutvahan gave a technical definition of Stridhana. According to him, only that property is Stridhana over which a woman has unrestrained power of alienation by gift, sale or use. Jimutavahan did not tell what are the properties which a woman can use or donate and sell without restrictions from her husband but quoted Katayayana and Narada just after his definition.

Katyayana says, as noted before, that It receives the wealth a woman earns that by the mechanical arts (by her exertion) or through affection from a stranger is subject to they know the dominion of her husband and the rest to the Stridhana. According to Narada a woman can enjoy or donate, as she likes, the property given by her husband even after his death except for immovable property. Therefore, the self-earned property of a woman, the gift to her by strangers(excepting the Adhygni(gift at the nuptial fire) and the Adhyavahanikam (gift at the occasion of her departure from her parents to her husband’s after marriage) and the immovable property given to her by the husband are not  Stridhana under the Dayabhaga. Hence, The five kinds of property which Vijnaneshwara has included in the meaning of “etcetera” also do not make up Stridhana according to Jimutvahan because he reads “only” instead of “etcetera” in Yajnavalkya.

The conclusion is that the Dayabhagaschool recognizes only those kinds of property as Stridhana which are so declared by the Smritis. So, It puts a restricted interpretation of their texts. In Sheo Shankar Lal v. Debi Sahai 3, their Lordships of the Privy Council noted the difference between the two:

“The Bengal School of lawyers have always limited the use of the term narrowly, applying it only, or nearly only to the kinds of woman’s property enumerated in the primitive sacred texts.

Therefore, The author of the Mitakshara and some other authors (that is, of the Virmitrodaya and the Mayukha) seem to apply the terms broadly to every kind of property which a woman can own from whatever source they may derive it.”