History of Dharmashastra (Ancient and Mediaeval Religious and Civil Law in India) v4.c63.t2.367

v4.c63.t2.367

says:¹⁵¹⁵ 'on obtaining wealth of the *saudāyika* kind it is declared (lit. desired) that women have independent power over it, since it was given by them (the kindred) as support (or maintenance) in order that they (women) may not be reduced to a terrible (or wretched) condition. It has been declared that women always have independence in *saudāyika* property as regards sale or gift at their pleasure and even in immovables (if *saudāyika*). A woman, when her husband is dead, may deal with the gift (of movables) given by the husband as she pleases, but she should preserve it as long as he is alive or she may spend it on his family. Neither the husband nor the son, nor the father nor the brothers have power to use or alienate the strīdhana of a woman'. The verse of Kāt. about property acquired by labour or about the gift from strangers through affection and that of Nārada about the gift of immovable property made by the husband have already been quoted. From these texts it follows that a Hindu woman during her maidenhood¹⁵¹⁶ could dispose of her strīdhana property of every description at her pleasure, that during her widowhood she could dispose of every kind of strīdhana including movable property given by the husband but not immovable property given by him and that a married woman whose husband was living could dispose of at her pleasure only that kind of property called *saudāyika* (i. e. gifts from relations except those made by the husband). Under modern decisions the distinction between saudāyika and non-saudāyika is retained,¹⁵¹⁷ but the distinction between saudāyika given by the relations and that given by the husband is not kept.¹⁵¹⁸ Now the woman's power to dispose off as she likes depends on the question whether the gift was meant to pass an absolute estate or a limited estate even if the husband was the donor. During marriage when the husband is living her dominion depends under modern law upon the character of the strīdhana. If it is of the kind called saudāyika she can dispose of it by sale, gift or will as she likes without her husband's consent; but as to other kinds of strīdhana property (such as gifts from strangers, property acquired by mechanical arts or property inherited) she cannot dispose of it without her husband's consent. If she disposes of it without such consent the alienation is void. According to the D. B. IV. 1. 20 property acquired by a married woman by mechanical arts or by gift from a stranger is subject to the husband's dominion during his life and may be taken by him even when there is no distress. No one else (except the husband) has got control over even such strīdhana. After the husband's death, she can dispose of even non-saudāyika strīdhana as she likes. But even as regards saudāyika, the texts concede certain rights to the husband in certain circumstances. Yāj. II. 147 says: 'the husband is not liable to return to the wife her strīdhana taken (i. e. used) by him in a famine, for (indispensable) religious acts, in disease, or when imprisoned (by the creditor or by the king or an enemy).¹⁵¹⁹