Divorced Muslim Woman Can Recover Dower And Dowry: Supreme Court  

On Tuesday, the Supreme Court said that divorced Muslim women have the legal right to get back all property, such as cash, gold, dower, and gifts, given to them or their husbands at marriage. The court made it clear that these items are the woman's personal property and must be returned upon the dissolution of the marriage.

Justices Sanjay Karol and N Kotiswar Singh said the Muslim Women (Protection of Rights on Divorce) Act, 1986 should be read in a way that supports equality, dignity, and autonomy. They said the law should not be seen as just a civil dispute but should consider the real experiences of women, especially in places where patriarchal customs are still strong.

The bench said, “The construction of this Act must keep at the forefront equality, dignity and autonomy.” They added that courts must base their interpretation on social justice. The judgment also noted that the goal of equality “is yet to be achieved,” so laws affecting vulnerable groups need careful and purposeful reading.

The court referred to Section 3 of the 1986 Act, which clearly gives a divorced Muslim woman the right to all property given to her before, during, or after marriage by relatives, friends, her husband, or his family. Section 3 says this property, including dower and dowry, must be returned to her after divorce. The court also cited the 2001 Daniel Latifi v. Union of India case, which said divorced Muslim women must get fair support to help them stay financially independent.

The Supreme Court agreed with the woman’s request to get back her marital assets and ordered her ex-husband to deposit ₹17,67,980 into her bank account within six weeks. This amount covers her dower (mehr), dowry, 30 bhori (tolas) of gold, and household items like a refrigerator, television, stabiliser, showcase, box bed, and dining furniture. If he does not pay, he will owe nine percent annual interest.

The couple married in August 2005, separated in 2009, and divorced in December 2011. After the divorce, the woman used Section 3 of the Act to ask for her property back. In 2022, the Calcutta High Court did not grant her the full amount, so she appealed to the Supreme Court.

The bench criticized the high court for focusing too much on confusion about marriage register entries and ignoring the marriage registrar’s testimony that explained a corrected mistake. The judges told the high court it “missed the purposive construction goal” by treating the case as only a civil dispute instead of seeing its social-justice side.

With this decision, the Supreme Court confirmed that marital assets given to a Muslim woman stay her property and must be returned after divorce. This is an important step in improving legal protections for divorced Muslim women in India.