Smt. Rashmi Kumar v. Mahesh Kumar Bhada

The Hon'ble Supreme Court of India’s decision in Smt. Rashmi Kumar v. Mahesh Kumar Bhada (1996) is a landmark moment in the protection of women’s property rights within marriage. The case revolved around a simple yet powerful question: Does a husband’s refusal to return his wife’s stridhan amount to a criminal offence, or is it merely a civil dispute?

Rashmi Kumar’s stridhan i.e., her jewellery and other valuable items had been handed over to her husband for safekeeping during the marriage ceremonies. Over time, she faced harassment and was eventually driven out of her matrimonial home with her children. When she demanded that her belongings be returned, her husband refused. This led to a criminal complaint under Sections 405 and 406 of the Indian Penal Code for criminal breach of trust. The High Court, however, dismissed her complaint, claiming that no offence was made out and that her case was time-barred.

However, the Hon'ble Supreme Court firmly disagreed. Reaffirming the principles laid down in Pratibha Rani v. Suraj Kumar, it held that stridhan is the exclusive property of a woman even after marriage. Giving it to the husband for safekeeping does not make it joint property, nor does it give the husband the right to use, sell, or keep it. If he refuses to return it upon demand, that refusal is not merely unfair, rather it can amount to criminal breach of trust.

The Court’s reasoning is a powerful reminder: a woman’s property remains her own, and marriage does not dilute her ownership. This judgment strengthens women’s legal recourse and ensures that the criminal justice system can be invoked when their property rights are violated.