Neutral Citation: 2024 INSC 639 [Download the Judgment]
Cause Title: Mulakala Malleshwara Rao & Anr. v. State of Telangana & Anr.
Case Number: Criminal Appeal No. [Blank] of 2024 (Arising out of SLP(Crl.) No.3981/2023)
Judgment Date: August 29, 2024
Quorum/Bench: Justice J. K. Maheshwari and Justice Sanjay Karol
Para 7 "As evidenced from the above, the jurisprudence as has been developed by this Court is unequivocal with respect to the singular right of the female (wife or former wife) as the case may be, being the sole owner of 'stridhan'. It has been held that a husband has no right, and it has to then be necessarily concluded that a father too, has no right when the daughter is alive, well, and entirely capable of making decisions such as pursuing the cause of the recovery of her 'stridhan'."
Para 10 "We find that the law provides for a situation where a woman may, in law, grant a person of her choosing the authority to do any act which she may herself execute. Section 5 of the Power of Attorney Act, 1882, provides as under:- '5. Power-of-attorney of married women.—A married woman, of full age, shall, by virtue of this Act, have power, as if she were unmarried, by a non-testamentary instrument, to appoint an attorney on her behalf, for the purpose of executing any non testamentary instrument or doing any other act which she might herself execute or do; and the provisions of this Act, relating to instruments creating powers-of-attorney shall apply thereto.'"
Appellant's Submission: The appellants argued that the father lacked locus to file the FIR for recovery of stridhan, and the complaint was barred by delay and laches.
Respondent's Submission: The respondent (complainant) contended that the appellants had not returned the stridhan entrusted to them at the time of his daughter's marriage.
Decision: The Supreme Court allowed the appeal, quashed the proceedings initiated by the complainant, and set aside the High Court's judgment. The Court reaffirmed that a woman has absolute ownership over her stridhan, and neither her husband nor her father has any right over it when she is alive and capable of making decisions. The Court also noted that the complainant lacked authorization from his daughter to initiate proceedings for recovery of her stridhan.
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