The Supreme Court has ruled that a Muslim woman has the right to claim back money and gold items given to her by her parents or relatives at the time of marriage from her divorced husband under The Muslim Women (Protection of Rights on Divorce) Act, 1986.
A bench comprising Justice Sanjay Karol and Justice N. Kotiswar Singh passed the judgment while allowing Rousanara Begum’s appeal against a January 2024 Calcutta High Court ruling, which had denied her claim. The high court order had been in favour of her divorced husband, S.K. Salahuddin, who had contested a trial court directive to return ₹7 lakh in cash and gold ornaments he received at the time of marriage.
Justice Karol, delivering the judgment, said that the Constitution of India aspires to equality and that courts must ground their reasoning in social justice. He noted that the 1986 Act aims to secure the dignity and financial protection of Muslim women after divorce, in alignment with their rights under Article 21.
The couple had married on August 28, 2005, and divorced on December 13, 2011.
