In an attempt to boost the financial independence and legal protection of the divorced Muslim women, the Supreme Court has said that the woman who is divorced has the full right to receive her meher, jewelry, cash, and all other things given at the time of marriage. This will be liable irrespective of whether it was given to her or her husband.
A bench led by Justices Sanjay Karol and N. Kotiswar Singh passed the judgement while hearing the appeal of a divorced Muslim woman. The woman claimed the recovery of marital assets, which include gold and cash worth nearly Rs. 17.67 lakh. The claim had earlier been rejected by the Calcutta High Court.
The bench cited Section 3(1)(d) of the Muslim Women (Protection of Rights on Divorce) Act, 1986, which requires the return of all property given to a woman before, during, or after marriage—whether by relatives, friends, her husband, or in-laws. Underscoring the law’s social intent, the Court observed that the statute was enacted to ensure the financial security of divorced Muslim women and must be interpreted in a manner that furthers gender justice.
Meanwhile, the Supreme Court also strongly slammed the Calcutta High Court for rejecting the woman’s claim on evidentiary ambiguity.
The case dates back to a 2005 marriage in which the woman’s family had gifted her 30 bhories (tolas) of gold along with substantial cash. After the marriage broke down, she sought the return of these assets, contending that they were meant solely for her as part of her dower and marital gifts. The Supreme Court agreed, noting that the law makes no distinction between property given directly to a woman and that entrusted to her husband or his relatives.
