LawLoveLegal

The Supreme Court of India has delivered a landmark ruling reinforcing the financial rights, dignity and constitutional protections of divorced Muslim women. In a significant judgment, the Court held that a Muslim woman is legally entitled to recover all property, cash, gold and other articles given to her or her husband by her family at the time of marriage. This decision strengthens the interpretation of the Muslim Women (Protection of Rights on Divorce) Act, 1986, ensuring that divorced women are not denied their rightful property due to patriarchal norms or narrow statutory interpretation. Items Given at Marriage Are the Woman’s Property The Supreme Court categorically stated that all items given by the woman’s family to the groom’s side—whether in the form of dower (mehr), dowry, or gifts—must legally be treated as the woman’s property. The bench, comprising Justices Sanjay Karol and N. Kotiswar Singh, held that after the dissolution of marriage, these items must be returned ...

Supreme Court Upholds Maintenance Rights for Muslim  Women under Section 125 CrPC In a landmark decision, the Supreme Court of India has ruled that Section 125 of the Code of Criminal Procedure (CrPC), which grants the right to maintenance, applies to all married women, including Muslim women. This ruling ensures that Muslim married women can claim maintenance from their husbands under these provisions, providing a significant legal safeguard for their financial security. Empowering Indian Homemakers The bench, comprising Justices BV Nagarathna and Augustine George Masih, emphasized the critical role of homemakers in Indian society. The court highlighted the need for Indian men to recognize the contributions and sacrifices of homemakers, who are often the backbone of the family. It urged men to provide financial support to their wives, suggesting the use of joint bank accounts and ATMs to ensure access to financial resources. Applicability to Divorced Muslim Women The court clarifi...