Matrimonial disputes: Kerala HC says courts must not assume bride entrusted gold based on social customs
The Kerala High Court ruled that courts should not automatically assume a bride entrusted her gold or assets to her husband based on traditional customs. The ruling emphasizes that modern, financially independent women may retain control of their property, requiring actual evidence in matrimonial disputes.
Why it matters
Updates legal standards to reflect changing social dynamics and gender roles regarding financial autonomy in marriage.
The Kerala High Court has ruled that courts considering matrimonial disputes must not presume that a bride has entrusted gold to her husband or in-laws based on social customs or as a general practice.
Justice A.K. Jayasankaran Nambiar stated that while considering claims by a wife for the return of gold or money that she brought with her at the time of her marriage, the court needs to look for oral, documentary or circumstantial evidence which can be used to infer if such gold or money was entrusted to the husband or his relatives, or was misappropriated by them.
The court held that in the past, the general practice of a bride entrusting her gold ornaments or “sthridhan” to her husband/mother-in-law for safekeeping may not reflect the present, where many well-educated and financially independent brides retain control over all their material possessions even after entering the matrimonial home.
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