Recently, the Calcutta High Court ruled that depriving a woman of her stridhan or any other financial resources to which she is entitled constitutes domestic violence under the Protection of Women from Domestic Violence Act, 2005, (PWDV Act).

“The deprivation of petitioner to any economic or financial resources to which the aggrieved person is entitled under any law is also domestic violence. In this case, it is the fact that the petitioner was deprived of her Stridhan articles for a long which were under the custody of the opposite parties. This fact is tantamount to Domestic Violence,” the bench comprising Justice Subhendu Samanta observed.

The plea was filed by a widow-woman, Nandita Sarkar seeking monetary relief including compensation from her in-laws. As per the petitioner, after the death of her husband, her in-laws forced her to live in her matrimonial home.
The Streedhan articles including household goods, ornaments, etc were in the custody of the in-laws, and despite demanding it, they did not return them, the petitioner added.

On the other hand, the counsel for the in-laws stated that under the provisions of the PWDV Act, the daughter-in-law is not entitled to any maintenance from her father-in-law. A widowed wife has only right over the coparcenaries’ property of her deceased husband, the counsel added.

Conclusively, the court allowed the present petition and stated that the argument advanced by the counsel of the in-laws had no merit on that score.

“Ultimately, it is the irony of fate, that instead of specific legislative intent, the widow lady is roaming doors of Courts for 10 long years without receiving any monetary relief,” the Court stated while allowing the plea.

The Court has overturned the order passed by the Sessions Court, Howrah who had set aside the Howrah’s Magistrate Court order granting compensation and other monetary benefits to the widow against her in-laws.