In a landmark ruling on October 17, 2024, the Kerala High Court declared that pledging a wife’s gold ornaments without her consent constitutes a criminal breach of trust under Section 406 of the Indian Penal Code (IPC). The judgment, delivered by Justice A. Badharudeen, came in response to Surendra Kumar’s plea to overturn his conviction for misusing 50 sovereigns of his estranged wife's gold, which had been entrusted to him in 2009.
The case centered around Kumar's promise to store the gold safely in a bank locker. Instead, he allegedly pledged it at Muthoot Fincorp without his wife's knowledge, leading to criminal charges of breach of trust and forgery. Initially convicted in 2019 and sentenced to six months' imprisonment, Kumar appealed, only for the appellate court to modify the sentence, ordering him to pay ?25 lakh in compensation.
The court reaffirmed the legal importance of stridhana—property gifted to a woman during her marriage—and stated that its unauthorized use is a serious breach of trust. Justice Badharudeen emphasized that financial distress does not excuse such a breach, noting that stridhana holds deep economic and sentimental value. The High Court dismissed Kumar's petition, upholding his conviction and sentence.
Advotalks: Talk To Lawyers https://www.advotalks.com/
For More Legal Updates visit our youtube channel
