Help about ISTRIDHAN

The issue requires a lot of discussion. 

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I present my views as under. I am not master of history. But whatever I read and analyzed, the same I would like to share here.

I request everyone not to take it as biased one towards any gender,  region or religion. 

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To start with; let us go into the history and tradition of Indian Culture. 

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In many pictures of Indian Goddesses all of us  have noticed their  beautiful face wearing gold ornaments studded with pearls and emeralds etc. 

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If one stays in a temple for some minutes with perfect eye contact of  a Goddess; what one feels at that time cannot be described in writing. 

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Similarly Indian married women were known as Goddess and still we can notice many old Indian women have names likes : Prabha  Devi, Shakuntala Devi, Shyama Devi, Nirmala Devi, Laxmi Devi etc. etc.  

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Even married woman's husband used to call her "AAP" instead of  "TUM."  (In English, the word You is used interchangeably for both the words ). A great respect was there.

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But unfortunately; as usually happens by passing of certain time,  the good traditions are broken by some persons for the sake of their own convenience.  They misuse the circumstances prevailing in the society.  

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Before Mughals entered in the country; our women were not required to have Parda but due to Mughals'  tradition and fear of losing "LAAJ" by women; this was introduced in our social system.  

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Still Mohammedan Community and especially resident of  Rajasthan, UP and Bihar follow it as their tradition.  Because these areas were very near to the capital of Mughals.

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Wherever some traditions are followed; next generations' elders are unable to explain why we are following some traditions.  They just say  - it is our tradition. This answer is not accepted by the youngsters.  Rather than to try to find out the history, it is simplest for them to break the tradition. 

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In old Indian culture; the money was kept 1/3rd in form of cash in business and  every year at least 30% of profits were used to be withdrawn from the business and this cash profit was used to be invested in Gold Ornaments and Silver Utensils.  Rich families used to buy precious stones and pearls also. If one visits Kolkata; then he can find the same tradition still being followed in business community.  Needless to say; West Bengal is well known to preserve the heritage..

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.........to be contd.......

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Please don't post any comment. till I conclude......

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Please bear with me. 

This habit of investment in Gold accumulated in the form of  Wealth and that is why after years; India was known as Golden Bird.  At every social, religious and family occasion, it was tradition to gift Gold ornaments to "BAHU-BETI."   At ever such occasion, it was tradition to give Cash Gifts and wearing apparels (studded with gold and silver) to them so that they can fulfil their needs and their future is secured.  

After years; due to Chicken Pox  (BADI-MATA) disease (which was fully controlled with the help of vaccination in 80's) ; many such women became widow in the age of 12-15 ! But due to possessing Gold Ornmanets, Silver and Regular Cash Gifts; they never felt unsecured about future. Regarding day-to-day living, no such problem existed due to joint family culture. 

These gold etc. are called "Stridhan."  His husband was also not having any right to use it.  Even the  thought to use her Stridhan was  not there because at every occassion; he was supposed to give such gifts to her directly or indirectly through his family . 

In our social system; it was assured that a woman child is sufficiently covered with financial freedom. Hence before her marriage, at the time of marriage and even after the marriage; she got various ceremonial gifts (Stridhan) from his parents and in-laws.  It was a social system to provide such  gifts to her.    

As I explained in the early party of my sharing; after some years; her in-laws used to claim such Gold and Silver from her parents at the time of marriage.  Despite the fact that she has all the rights in her "Stridhan,"  her in-laws forcefully used to ask particular amount of gold etc. from her parents (dowry). Still her parents thinks that they are giving such amount to her daughter although knowing well she would have no control over it. 

To safeguard her rights; MARRIED WOMEN PROPERTY ACT was enacted. 

Hello!

Thanx for alightening! Actually I want to file "Tax Evasion Petition" against in-laws gang. What do u think? Will it help??

Practical application of law is not so simple especially in case of disputes. As you know; it takes years to decide a case. Till that time; the whole scenario changes, witness changes, facts are distorted etc.etc..

You have not narrated the amount involved. Even if her mother held it; then it was part of her wealth and I don't think that her wealth was exceeding Rs.15 lacs then. If it is claimed as her Stridhan; and if the amount goes beyond Rs.15.00; then she was liable to pay Wealth Tax only on and above Rs.15.00 lacs @ 1% every year. 

Now you can decide what to do. 

They claim expenditure of 25 lac in 2003. Bloody fellows have CAs in their relation also. May be they consulted them also b4 filing application in police

Wealth tax exemption is <15 lac or <30 lac per person?

From 2003 to 2009, the exemption limit of WT per person was Rs.15 Lacs. Thenafter it is Rs. 30 Lacs now. 

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In this type of  case; you should consult a very expert persons otherwise a minor mistake may put your assessee into great trouble.  Each and every thing cannot be discussed in details here. It is not a matter of particular point. Many times when we examine the relevant papers, circumstances and explanations of whole family; then we are in a position to take a right decision thereon.

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Collect all the evidences where you can prove  that your client's wife  was fully taken care of at his home. Since how many times she is living with her in-laws is also  very important. The  behaviour of her, her husband and her in-laws have great effect on deciding the case. I presume that the lady is not living with her husband at present.  

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If opposite party is living in a bunglow/flat  of Rs. 2.00 crore or so, then only their stand would be justified. Their own living conditions have a very good bearing in deciding their contention.  

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Firstly, burden is on them to prove that they have given that much at the time of marriage. If they can't prove; then your case is strong. If they prove by some evidences, then burden will shift to you to prove your contention. 

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The major question before you is to prove that such sum was never given to your party. 

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