Divorced Muslim Woman Can Recover Gifts Given To Husband At Marriage: SC
Divorced Muslim Woman Can Recover Gifts Given To Husband At Marriage: SC
M.U.H
03/12/202522
New Delhi: The Supreme Court has said that a divorced Muslim woman is entitled to recover the cash, gold ornaments, and other articles given to her husband from her father at the time of marriage under the Muslim Women (Protection of Rights on Divorce) Act, 1986.
A bench comprising Justices Sanjay Karol and N Kotiswar Singh said the scope and object of the 1986 Act is concerned with securing the dignity and financial protection of a Muslim woman post her divorce, which aligns with the rights of a woman under Article 21 of the Constitution.
“The construction of this Act, therefore, must keep at the forefront equality, dignity and autonomy and must be done in the light of lived experiences of women, where particularly in smaller towns and rural areas, inherent patriarchal discrimination is still the order of the day”, said the bench, in a judgment delivered on December 2.
The apex court’s judgment made it clear that a Muslim woman, who has been divorced, is entitled to recover the articles given to her or her husband by her parents at the time of marriage.
The bench said Section 3(1) of the 1986 Act deals with mehr/dower and/or other properties given to a woman at the time of her marriage, clearing the way for the woman to set up a claim against her husband, or claim back from her husband properties given.
“The Constitution of India prescribes an aspiration for all, i.e. equality, which is, obviously, yet to be achieved. Courts, in doing their bit to this end, must ground their reasoning in social justice adjudication”, said the bench.
The bench also relied on Daniel Latifi Vs Union of India (2001), which said, “Where such reasonable and fair provision and maintenance or the amount of mahr or dower due has not been made and paid or the properties referred to in clause (d) of sub-section (1) have not been delivered to a divorced woman on her divorce, she or anyone duly authorised by her may, on her behalf, make an application to a Magistrate for an order for payment of such provision and maintenance, mahr or dower or the delivery of properties, as the case may be. The rest of the provisions of Section 3 of the Act may not be of much relevance, which are procedural in nature.”
The apex court allowed the plea of a Muslim woman and directed her ex-husband to remit Rs 17,67,980 into her bank account, an amount calculated towards dower (mehr), dowry, 30 bhori (tolas) of gold ornaments and other gifts, including household items such as a refrigerator, television, stabiliser, showcase, box bed, and dining furniture.
The apex court directed that payment should be made within six weeks, along with an affidavit of compliance. The bench made it clear that if timely payment is not made, then the husband will be liable to pay 9% annual interest.
The apex court set aside the 2022 decision of the Calcutta High Court.
