Supreme Court Affirms: Divorced Muslim Woman Has a Right to Recover Dower, Dowry and Gifts
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 ...