The Supreme Court on Tuesday gave a verdict which will prove to be a milestone in ensuring the rights and dignity of Muslim women. The apex court has made it clear that a divorced Muslim woman is legally entitled to get back dowry, gold jewellery, cash and all other gifts received at the time of marriage from her ex-husband. The court said that all these items received at the time of marriage or after that will be considered ‘personal property’ of the woman, and upon divorce the husband will have to return them. Justice Sanjay Karol and Justice N. While giving this decision, the bench of Kotishwar Singh not only explained the law but also made a sharp comment on the patriarchal thinking prevalent in the society.
This case is Roshanara Begum vs. S.K. Is related to Salahuddin. Both of them got married in the year 2005. At the time of marriage, the girl’s family had given a lot of dowry, gold and cash to the boy’s side. However, due to mutual differences, they got divorced in 2011. After the divorce, the woman approached the court under Section 3 of the ‘Muslim Women (Protection of Rights on Divorce) Act, 1986’. The woman claimed that her ex-husband has 30 bhari (weight) of her gold, about Rs 17.67 lakh in cash and other items, which should be returned. The lower court had ruled in favor of the woman, but the Calcutta High Court had rejected this claim. The High Court argued that there was not enough evidence to prove whether the gifts given at the time of marriage were given directly to the groom or to the bride. The High Court had rejected the woman’s petition on technical grounds.
Supreme Court reprimanded the High Court
The Supreme Court overturned the decision of the Calcutta High Court and termed it as ‘missing the goalpost’. Justice Sanjay Karol wrote in the judgment, the High Court looked at this case as an ordinary civil dispute, whereas it was a matter related to the dignity of the woman and her right to life. Patriarchal discrimination against women is still common in small towns and rural areas. In such a situation, the courts should interpret the law in such a way that it can provide justice to women, and not trap them in technical difficulties.
New interpretation of Section 3(1)(d) of the Act 1986
This decision of the Supreme Court is based on ‘objective interpretation’ of Section 3(1)(d) of the 1986 Act. This section says that a divorced woman is entitled to get back all the properties she acquired before, during or after the marriage. Whether they are given by her relatives, friends or husband’s relatives. The court made it clear that even if any goods or cash was given to the husband at the time of marriage, legally that property would be considered the wife’s property. The husband cannot keep her with him.
Highlights of the decision
- The Supreme Court has ordered the ex-husband to deposit Rs 17.67 lakh and 30 tol of gold in the woman’s bank account within 6 weeks.
- If the husband does not return the money within the stipulated time, he will also have to pay 9% annual interest.
- The court said that this law is a means of fulfilling the promises given to women under Articles 14 (equality) and 21 (right to live with dignity) of the Constitution.
Legal and social implications
This decision is also important because it is often seen in divorce cases that the husband refuses to return the ‘Stridhan’ (dowry, jewellery, household items) received during the marriage. Many times it is said that there is no written evidence of the goods or that they have been spent. The Supreme Court has banned this ‘excuse making’. The court accepted that even if there are minor discrepancies in the marriage register or the statements of witnesses, the woman’s right to justice cannot be denied. This decision is a ray of hope for thousands of Muslim women who are facing financial crisis after divorce and are making rounds of courts to get back their property.
