Supreme Court Upholds Muslim Woman's Right to Recover Dower, Dowry in Divorce
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In a landmark ruling, the Supreme Court has reaffirmed the rights of Muslim women to recover cash, gold, and other gifts given to them or their husbands at the time of marriage. The verdict, aimed at strengthening the financial security and dignity of divorced Muslim women, emphasizes the importance of treating these items as the woman's property and returning them to her after the marriage ends. The court's decision is based on the Muslim Women (Protection of Rights on Divorce) Act, 1986, which must be interpreted in a way that fulfills the constitutional promise of equality and autonomy. The bench of justices Sanjay Karol and N Kotiswar Singh emphasized that courts must consider social realities and ground their reasoning in social justice adjudication. In a significant move, the court allowed the plea of a Muslim woman, directing her former husband to remit ₹17,67,980 into her bank account, which includes the valuation of property and assets given at the time of their marriage. The payment must be made within six weeks, along with an affidavit of compliance, failing which the husband will be liable to pay 9% annual interest. The ruling came as the court set aside the Calcutta High Court's 2022 decision, which had denied the woman the full amount. The bench criticized the high court for relying disproportionately on evidentiary confusion surrounding entries in the marriage register, instead of considering the social-justice purpose of the law. The Supreme Court's verdict is a significant step towards upholding the rights of Muslim women and ensuring their financial independence after divorce. It serves as a reminder that courts must prioritize social justice and consider the lived experiences of women in their decisions.
