'Mere Failure To Produce Bills Or Receipts Does Not Disprove That In-Laws Were Given Stridhan During Marriage': Chhattisgarh High Court

The Chhattisgarh High Court has held that the mere failure of a wife to produce bills or receipts of her Stridhan articles does not lead to the conclusion that such articles were not given at the time of marriage. The Court observed that where the wife specifically states that the receipts are in the possession of her in-laws and there is evidence regarding the entrustment of the Stridhan articles, the absence of documentary proof by itself is not sufficient to reject her claim. [2026 LiveLaw (Chh) 70]

A Division Bench of Justice Parth Prateem Sahu and Justice Sachin Singh Rajput was hearing an appeal filed by the husband challenging the judgment of the Family Court, which partly allowed the wife's application under Section 27 of the Hindu Marriage Act, 1955. The Family Court had directed the husband to return the wife's Stridhan articles, and in the event of his failure to do so, to pay Rs.2 lakh. The wife had pleaded that after the birth of their daughter, she was subjected to cruelty and dowry-related harassment, and that her Stridhan remained in the husband's possession. The husband denied the allegations and contended that there was no documentary proof to establish that the alleged Stridhan had ever been entrusted to him.

The Court observed that the Family Court had found that the burden of proving the entrustment of the Stridhan was upon the wife and had accepted her evidence that the articles were given at the time of marriage and that the bills were in the possession of the husband. It noted that the husband had not specifically denied the averments regarding the Stridhan articles.

Rejecting the husband's contention that the absence of bills or receipts disproved the wife's claim, the Court observed that, normally, after marriage, the bills and receipts are kept by the wife's in-laws. It held that merely because the wife could not produce the bills or receipts, despite stating that they were in the possession of her in-laws, it could not be inferred that the Stridhan articles had not been given at the time of marriage.

“… normally, after the marriage, the bills and other receipts are kept by the wife's in-laws. Apart from this, the wife has categorically deposed that those articles of 'Stridhan' were given during the course of the marriage and the receipts, etc., are in the possession of her in-laws,” the Court observed.

The Court also noted the Family Court's finding that the marriage had taken place in 2017 and that, except for the gold ornaments, the value of the remaining Stridhan articles would naturally depreciate over time. On that basis, the Family Court had assessed that the value of the articles could not be fixed at Rs.4 lakh and had instead directed payment of Rs.2 lakh if the articles were not returned. The High Court found that the Family Court's findings were neither perverse nor contrary to the evidence on record.

Accordingly, the Court dismissed the husband's appeal and affirmed the Family Court's judgment directing the return of the Stridhan articles or payment of Rs.2 lakh in lieu thereof.

Case Title: Tamradhwaj Gayakwad v. Jyoti Gayakwad [FA(MAT) No. 355 of 2025]

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2026 LiveLaw (Chh) 70