India: The Supreme Court, on Tuesday held that a divorced Muslim woman is entitled to reclaim from her husband the cash and gold gifts that her parents gave the couple at the time of her marriage, under the Muslim Women (Protection of Rights on Divorce) Act, 1986.
The Bench comprising Justices Sanjay Karol and Justice Nongmeikapam Kotiswar Singh delivered the judgment while setting aside a Calcutta High Court ruling in the matter.
The Court also noted that the Calcutta High Court had treated the dispute merely as a civil matter, ignoring the broader social purpose of the 1986 law.
The top court highlighted that the Act is intended to protect equality, autonomy, and dignity of Muslim women, and that its interpretation must consider the real-life challenges faced by divorced women.
“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. To put it in context, the scope and object of 1986 Act is concerned with securing the dignity and financial protection of a Muslim women post her divorce which aligns with the rights of a women under Article 21 of the Constitution of India.
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 Court.
