Depriving a woman of her Stridhan would constitute domestic violence - Calcutta HC

Case: Nandita Sarkar vs Tilak Sarkar

Under the Prevention of Women from Domestic Violence Act, 2005 (PWDV Act), depriving a woman of her Stridhan or any other financial or economic resources would constitute domestic violence.

A stridhan is a gift/present given to a bride voluntarily by her family.

Justice Subhendu Samanta ruled that financial abuse falls within the scope of the PWDV Act.

Justice Subhendu Samanta quashed an order passed by a Sessions Judge in Howrah who had set aside the order of compensation and monetary benefits to a widow against her in-laws.

The Court was hearing a claim for compensation and monetary relief made by a widow. Her husband died on October 29, 2010, and her in-laws asked her to leave the matrimonial house on the second day after his death. According to her, the in-laws did not give her the Stridhan, and kept other items with them.

Her in-laws allegedly subjected her to cruelty while her husband was alive, but the in-laws argued the widow left the house voluntarily.

On July 31, 2015, the widow filed proceedings before a Magistrate seeking compensation and other monetary relief under the PWDV Act. However, on 7 April 2018, the sessions court quashed the order. The magistrate passed an order of compensation by the in-laws but the same was rejected by the sessions court.

According to the Calcutta High Court, the Sessions court committed an injustice by not considering the entire case of the widow. In addition, the Court noted that the widow had no independent income. The court further said there is no merit in the arguments made by the in-laws.