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New Delhi: The Supreme Court observed that a Muslim woman under the Muslim Women (Protection of Rights on Divorce) Act, 1986, is entitled to reclaim money and gold, among other gifts from her husband given to the bride and groom at the time of the wedding by relatives or friends.

A bench of Justices Sanjay Karol and N Kotiswar Singh dismissed the orders passed by the Calcutta High Court in November 2022 and January 2022, which had rejected Rousanara Begum’s claim. The High Court had ruled in favour of the divorced husband, SK Salahuddin, who had challenged a trial court asking him to return Rs 7 lakh in cash and gold he received during the wedding.

Highlighting that the Muslim Women Act aims at securing the dignity and financial protection of Muslim women after divorce, the bench stated the objective also aligns with women’s rights under the Constitution’s Article 21, of right to life.

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“The construction of this Act, therefore, must keep at the forefront equality, dignity, and autonomy and must be done in the light of lived experiences of women, where, particularly in smaller towns and rural areas, inherent patriarchal discrimination is still the order of the day,” the court observed.

The order pertains to Rousanara Begum, who got married in 2005 and filed for a divorce after six years. Begum had fled their house in 2009, four years after their marriage and soon initiated cruelty proceedings against her husband while seeking maintenance under section 498A of the Indian Penal Code.

Following the divorce in 2011, she went through a long battle to recover a total of Rs 17.64 lakh, which included gold ornaments, furniture, and other items gifted by her family to them at the time of the wedding.

After 14 years, the Supreme Court finally ruled in her favour, entitling her to the entire amount and the gold that her family had gifted them.

The apex court noted that the Calcutta HC had incorrectly rejected Rousanara’s claim for the amount and properties.

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