Hindu Marriage Act • Official Statutory Text & Practice Guide
Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 1955
Section 27 of Hindu Marriage Act: Disposal of property
Official Bare Act Text
Override / Mandate Mens Rea (Intent) Actus Reus (Conduct) Punishment Limitation Monetary
In any proceeding under this Act, the court may make such provisions in the decree as it deems just and proper with respect to any property presented, at or about the time of marriage, which may belong jointly to both the husband and the wife.
Legal Commentary & Landmark Judgments: Section 27
Section 27 of the Hindu Marriage Act, 1955 empowers the court to make equitable provisions in the decree regarding property presented at or about the time of marriage.
Core Legal Standard: Section 27 provides that in any proceeding under the Act, the court may make such provisions in the decree as it deems just and proper with respect to any property presented, at or about the time of marriage, which may belong jointly to both the husband and the wife.
Operational Mechanism: The section serves as a specialized matrimonial property distribution mechanism, eliminating the necessity of driving spouses to separate civil suits for the recovery of stridhan and wedding gifts.
For property to fall within the scope of Section 27, two conditions must be satisfied: (a) it must have been presented at or about the time of marriage; and (b) it must belong jointly to both spouses, or be intended for the joint use and enjoyment of the couple.
Key Landmark Precedents:
Balkrishna Ramchandra Kadam v. Sangeeta Balkrishna Kadam (1997) 7 SCC 484: The Supreme Court held that Section 27 is not restricted solely to properties jointly titled; it covers all properties presented at or about the time of marriage meant for joint use, including stridhan and household articles, and must be construed liberally to avoid multiplicity of litigation.
Pratibha Rani v. Suraj Kumar (1985) 2 SCC 370: A landmark Supreme Court judgment affirming that stridhan is the absolute and exclusive property of the Hindu wife; the husband holds it merely as a trustee, and failure to return it constitutes criminal breach of trust under Section 406 IPC, irrespective of Section 27 remedies.
Legal Commentary:
Section 27 is an essential tool for recovering stridhan, jewellery, furniture, vehicles, and jointly acquired marital assets upon the dissolution of marriage. While the husband holds stridhan in a fiduciary capacity, Section 27 enables the Family Court to pass executable property restoration orders directly as part of the matrimonial decree, preventing protracted parallel civil partition suits.
Legal Commentary & Landmark Judgments: Section 27
Section 27 of the Hindu Marriage Act, 1955 empowers the court to make equitable provisions in the decree regarding property presented at or about the time of marriage.
For property to fall within the scope of Section 27, two conditions must be satisfied: (a) it must have been presented at or about the time of marriage; and (b) it must belong jointly to both spouses, or be intended for the joint use and enjoyment of the couple.
Section 27 is an essential tool for recovering stridhan, jewellery, furniture, vehicles, and jointly acquired marital assets upon the dissolution of marriage. While the husband holds stridhan in a fiduciary capacity, Section 27 enables the Family Court to pass executable property restoration orders directly as part of the matrimonial decree, preventing protracted parallel civil partition suits.