📷 Image: Wikimedia Commons / Sumita Roy Dutta
National
HP High Court says retention of istradhan post‑divorce not an offence for limitation
✍️ Live Law
🗓 27 Oct 2026, 06:36 AM
👁 19
The Himachal Pradesh High Court ruled that keeping a wife’s istradhan after divorce does not count as a continuing offence for limitation purposes, clarifying the legal position for divorced women.
The Himachal Pradesh High Court delivered a judgment that the act of retaining a wife’s istradhan after a divorce does not constitute a continuing offence for the purpose of limitation periods. The bench observed that the right to claim the istradhan is a one‑time entitlement and does not give rise to a fresh cause of action each day the property is held.
Istradhan, a customary gift given by the husband to the wife at the time of marriage, has often been the subject of litigation when a marriage ends. Earlier case law left ambiguity about whether the retention of such property after divorce could be treated as an ongoing offence, thereby extending the limitation period for filing a suit.
By clarifying that the claim is not a continuing offence, the court has effectively fixed the limitation period, allowing divorced women to seek recovery of istradhan within the prescribed time frame without indefinite extensions. Legal experts say the decision will streamline matrimonial dispute resolution and reduce protracted litigation.
The ruling underscores the court’s effort to balance personal law customs with procedural certainty, reinforcing that customary gifts remain enforceable but must be pursued within the standard limitation timeline.
Istradhan, a customary gift given by the husband to the wife at the time of marriage, has often been the subject of litigation when a marriage ends. Earlier case law left ambiguity about whether the retention of such property after divorce could be treated as an ongoing offence, thereby extending the limitation period for filing a suit.
By clarifying that the claim is not a continuing offence, the court has effectively fixed the limitation period, allowing divorced women to seek recovery of istradhan within the prescribed time frame without indefinite extensions. Legal experts say the decision will streamline matrimonial dispute resolution and reduce protracted litigation.
The ruling underscores the court’s effort to balance personal law customs with procedural certainty, reinforcing that customary gifts remain enforceable but must be pursued within the standard limitation timeline.