Provisions in the Constitution of India, Legislations, Policies, Reports, and Judgements Article(s) of the CEDAW SC held that a wife living separately from the husband even under a decree of judicial separation can claim her stridhan back from the husband under Section 12 of the Protection of Women from Domestic Violence Act. This is because stridhan does not become a joint property and the husband has no title or independent dominion over the property as owner. • Rashmi Kumar v. Mahesh Kumar Bhada (1997) 2 SCC 397 SC held that streedhan is not joint property of wife & husband but absolute property of the wife. The husband has no right in it with the sole exception that in times of extreme distress, as in famine, illness or the like, the husband can utilise it but he is morally bound to restore it or its value when he is able to do so. 9. Differential bar of minimum age for marriage • Ashwini Kumar Upadhyaya (PIL- Delhi HC) and Abdul Manna (PIL-Rajasthan HC) PENDING The petitions state that differential bar of minimum age between men and women discriminate against women and contravenes with the fundamental principles of gender equality, gender justice and dignity of women and breaching Articles 14, 15 and 21 of the Constitution. Both Delhi High Court and Rajasthan High Court had sought a reply of Centre on the said petition filed by Ashwini Kumar and Abdul Mannan respectively. 10. Compulsory registration of marriage • Seema v. Ashwani Kumar 2006(2) SCC 578 SC directed the States and the Central Governments to take steps on compulsory registration of marriage. 79 Convention on the Elimination of All Forms of Discrimination Against Women Gaps in the implementation of CEDAW in India (G) and its corresponding recommendations (R)