New Delhi, December 3 – The Supreme Court delivered a significant judgment on Tuesday, ruling that a divorced Muslim woman has the right to recover dowry money and gold received from her father under the Muslim Women (Protection of Rights on Divorce) Act, 1986.
The Supreme Court pronounced this verdict in the case of divorced woman Raushanara Begum, who had approached the apex court seeking recovery of seven lakh rupees and thirty grams of gold that she had received as dowry from her former husband.
Raushanara Begum was married in 2005 and divorced in 2011. At the time of nikah, the woman’s father had given seven lakh rupees and thirty grams of gold jewellery to the son-in-law, which was recorded in the nikah register. However, the Calcutta High Court had rejected the woman’s claim citing inconsistencies in the statements of the qazi and the woman’s father.
Overturning the High Court’s decision, the Supreme Court stated that money and jewellery received during nikah are related to the woman’s security and dignity. The court interpreted this law based on the constitutional rights of equality and dignity of women.
The Supreme Court ordered Raushanara’s husband to deposit seven lakh rupees and the value of thirty grams of gold directly into the woman’s bank account. In case of non-compliance with the order, nine percent annual interest will be applicable on the husband, and he will have to submit an affidavit of compliance to the court.
The court observed that India’s Constitution sets an aspiration of equality for all, which clearly has not been achieved yet. To fulfill this objective, the court should base its approach on social justice. In the right context, the scope and purpose of the 1986 Act is to secure the dignity and financial security of a Muslim woman after divorce, which is in accordance with women’s rights under Article 21 of the Indian Constitution.
The court emphasized that while framing this Act, equality, dignity and freedom should be given utmost priority, and this should be done keeping in mind women’s own experiences.
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