Muslim woman can reclaim gold, cash, gifts after divorce under 1986 Act: Supreme Court

New Delhi: In a significant judgment strengthening the rights of divorced Muslim women, the Supreme Court has ruled that a Muslim woman can reclaim gold ornaments, cash and other articles given by her parents to her or her husband at the time of marriage under the Muslim Women (Protection of Rights on Divorce) Act, 1986.

The bench of Justice Sanjiv Khanna and Justice K.V. Viswanathan delivered the ruling, emphasising that the purpose of the 1986 Act is to ensure dignity and financial protection for Muslim women after divorce. “The Act aims to safeguard the rights of women under Article 21 of the Constitution, ensuring their dignity, security and equality,” the bench observed.

The court highlighted that the law was framed keeping in mind the principles of equality and dignity, especially in small towns and rural areas where patriarchal discrimination remains prevalent. The judgment, delivered on December 2, clarified that a divorced Muslim woman is legally entitled to recover all gifts—whether given to her or to her husband—at the time of marriage.

Referring to Section 3(1) of the 1986 Act, the court noted that it covers dowry, valuables and other property presented to a woman on the occasion of her marriage. “The woman has an absolute right over such articles and can rightfully claim them from her husband,” the court said.

The bench also observed that although the Indian Constitution envisions equality for all, achieving this goal remains a work in progress. Courts, therefore, must rely on principles of social justice while delivering judgments, particularly in matters involving vulnerable groups.

Allowing the Muslim woman’s appeal, the Supreme Court directed her former husband to deposit ₹17,67,980 into her bank account. This amount represents the value of her dowry, 30 tolas of gold ornaments and several household items, including a refrigerator, television, stabiliser, showcase, box bed and dining furniture.

The husband must complete the payment within six weeks and file an affidavit of compliance. Failure to do so will attract 9% annual interest on the amount, the court warned. The Supreme Court also set aside the 2022 judgment delivered by the Calcutta High Court.

Also Read: Kumara swamy layout renaming sparks major political controversy in Bengaluru