According to the Supreme Court’s decision, a divorced Muslim woman is entitled to get back the cash and gold jewelery received from her father during marriage. This right ensures their economic security and dignity under the Muslim Women Act, 1986.
New Delhi: The central government had abolished triple talaq which was a curse for Muslim women and the Supreme Court upheld it, it is now a thing of the past. Now another historic decision has come in favor of Muslim women. The Supreme Court has said that a divorced Muslim woman is entitled to get back the cash and gold jewelery received from her father at the time of marriage under the (Protection of Rights on Divorce) Act, 1986. The Supreme Court also said that the scope of this law is quite large. It ensures the dignity and economic security of a Muslim woman after divorce, which is in line with women’s rights under Article 21 of the Constitution.
The Supreme Court said that it is sad that patriarchy still dominates in some communities. Equality, dignity and autonomy should be kept at the forefront in the structure of laws made for Muslim women. The court also said that there is a need to end the patriarchal discrimination present especially in small towns and rural areas.
What is this matter?
In this case, a couple got married on August 28, 2005 and got divorced on December 13, 2011. Subsequently, Begum approached the court under Section 3 of the Muslim Women (Protection of Rights on Divorce) Act, 1986, for the return of Rs 17,67,980, including dowry amount, gold jewelery and other items. This matter later reached the Calcutta High Court, but the High Court ruled against the woman.
Appeal in Supreme Court
The High Court had given this decision in view of the contradiction in the statements of the Qazi (Marriage Registrar) and the woman’s father. The High Court said that due to the mistake in recording the amount and gold given to the husband, it is not possible to give a verdict in favor of the woman. Begum had approached the Supreme Court against this. Now the Supreme Court, after hearing the arguments, has given its verdict in favor of the woman. Also, it has been said that under the Muslim Women (Protection of Rights on Divorce) Act, 1986, a divorced Muslim woman is entitled to get back the cash and gold jewelery received from her father at the time of marriage.