The Supreme Court has held that a Muslim divorced woman is entitled to recover money and gold ornaments given at the time of marriage under Section 3 of the Muslim Women (Protection of Rights on Divorce) Act, 1986, irrespective of whether such property was handed to her or to the husband at the time of marriage. The Court emphasized that the objective of the 1986 Act is to secure dignity, financial security, and autonomy for divorced Muslim women, in alignment with constitutional guarantees of equality and personal liberty.
The Bench found that the High Court erred in treating the dispute purely as a civil claim based on contradictory evidence about who received the money and gold. It observed that even if the property was given to the husband, the divorced woman retains the right to reclaim it under Section 3(1)(d), which mandates delivery of all properties given to her before, at, or after marriage by relatives or the husband’s family.
While noting the acquittal of the husband in related dowry proceedings under Section 498-A IPC and the Dowry Prohibition Act, the Court clarified that such outcome does not diminish the enforceability of the wife’s statutory right under the 1986 Act. The Supreme Court stressed the duty of courts to adopt a purposive interpretation grounded in social justice adjudication, particularly given the systemic vulnerabilities faced by divorced women in patriarchal social structures.
Allowing the appeal, the Court restored the order directing return of ₹7 lakh and 30 bhories of gold to the appellant, and ordered direct payment to her bank account, with 9% annual interest for any delay in compliance.
Rousanara Begum v. S.K. Salahuddin & Anr.
Citation: 2025 INSC 1375
Court: Supreme Court of India