Stridhan: A Study of Vedic Period to British Period

Author(s): Dr. Saraswati

Abstract:

Stridhan has been the most controversial topics of Hindu law. Upon matters such as what constitute stridhan, what are the right of women over stridhan, and what is the order of succession to strdhan, there existedgreat diversity of doctrines, in consequence of which the law of stridhana has become a complicated subject. In this regard kamalakara’s apt observation in the Vivada Tandava is noteworthy: “the lawyers fight tooth and nail.” Jimutavahana, in concluding his chapter on the branch of law, complacently observes. Thus has been explained the most difficult subject of succession to childless women’s stridhana. Literally the word stridhan means women’s property but in Hindu law it has all along, been given a technical meaning. In the entire history of Hindu law, women’s right to hold and dispose of property has been recognized at no time, whether as a maiden, wife or widow, has the women been denied the use of her property as an absolute owner. It is also true that at no time the quantum of her. Property has been anything but marriage. The smritikars as differ from each other to what items of property constitute her stridhan. Coorooass Banerjee very aptly said: The difficulties be setting an enquiry into the questions what constitutestridhan, arise from that majority of sages and commentators give neither an exact definition of stridhan, nor an exhaustive enumeration, and if the mitakshara gives a simple and intelligible definition that definition has been qualified and restricted in its application by our courts, in consequence of its disagreement with the view of other authorities.

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