The Supreme Court said in a judgment on Tuesday that divorced Muslim women are legally entitled to get back the dowry, cash, gold and other things given to her or her husband by her parents at the time of marriage. This decision has been given by the court with the aim of strengthening the economic security and dignity of divorced Muslim women. The court also stressed that such things should be considered the property of the woman and should be returned to her after the dissolution of the marriage.
A bench of Justices Sanjay Karol and N Kotishwar Singh said that the rules of the Muslim Women (Protection of Rights on Divorce) Act, 1986 should be interpreted in such a way that it fulfills the constitutional promise of equality and autonomy, and not be seen only from the civil-dispute perspective.
Still patriarchal feeling in the society: SC
The bench said in its decision that the law made in 1986 to protect the rights of divorced Muslim women should keep the spirit of equality, dignity and autonomy paramount, and should also pay attention to the experiences of women, because patriarchal discrimination is still seen in small towns and rural areas.
In its decision, the bench referred to Section 3 of the 1986 Act, which entitles a divorced Muslim woman to all property given to her by her relatives or friends or the husband or any relative of the husband or his friends before or at the time of marriage or after marriage.
SC changed the decision of Calcutta High Court
Talking about equality for everyone, the bench said, “The Constitution of the country sets an expectation, that is, equality for all, but this is yet to happen. The court, while working for this purpose, should base its thinking on the judgment of social justice.” The bench made this comment on the question whether the things given to a Muslim woman by her father or to the groom at the time of marriage can be returned to the woman as per law on breakdown of marriage after divorce.
Also, the Supreme Court canceled the order of the Calcutta High Court, which had ruled in favor of a woman’s ex-husband and given relief to him (husband) from returning some part of the goods, which the woman’s side claimed was given to her former husband at the time of their marriage. This case was filed under Section 3 of the Muslim Women Act, 1986. Through this, a request was made to order the return of more than Rs 17.67 lakh.
Order to return property to ex-husband within 6 weeks
In its decision, the bench asked the divorced woman’s lawyer to give her bank account details and other related information to the ex-husband’s lawyer within 3 working days from the date of the judgment. It was also said that this amount should be sent directly to the bank account of the appellant (ex-wife).
Also, the former husband (defendant) is directed to file an affidavit of compliance with the order in the registry of this court within the next 6 weeks. The certificate of compliance will be made part of the record. If all this is not done within some time, then the defendant will have to pay the amount at the rate of 9 percent interest per annum.
what is the matter
The marriage of the petitioner and the respondent took place on 28 August 2005, but soon after, differences between the two started. Then the woman left her in-laws’ house in May 2009. Subsequently, the woman filed a petition under section 125 of the Code of Criminal Procedure (order for maintenance of wife, children and parents) and initiated proceedings under section 498A of the Indian Penal Code (IPC) (cruelty to woman by husband or husband’s relatives).
After about two and a half years, on 13 December 2011, both of them got divorced. The woman then approached the court under Section 3 of the Muslim Women (Protection of Rights on Divorce) Act, 1986, and requested for the return of the amount and goods amounting to more than Rs 17.67 lakh.
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