Divorce in Muslims: Citing a 1986 law, the court stated that a divorced Muslim woman has the right to retain all property associated with the marriage, even if it was given by the husband's family or friends.

1986 Divorce Law: The Supreme Court made a significant decision on Tuesday. The court stated that a divorced woman has the full right to take back any belongings she brought with her upon marriage. According to the court's ruling, a woman is legally entitled to reclaim items such as cash, gold, and other items given to her or her husband by her parents at the time of marriage. The court clearly stated that such items should be considered the woman's property and should be returned to her when the marriage ends.

What did the bench of judges say?
The bench comprising Justice Sanjay Karol and Justice N. Kotiswar Singh said that the Muslim Women's (Protection of Rights on Marriage) Act, 1986, should not be viewed merely as a matter of ordinary civil dispute. Rather, it should be interpreted in a way that fulfills the constitutional promise of equality and liberty. The court cited Section 3 of the same law, which clearly states that a divorced Muslim woman has the right to all property acquired before, during, and after marriage.

Citing an earlier case,
the court also cited Daniel Latifi v. Union of India (2001). In this case, a larger constitutional bench had upheld these laws. The bench emphasized that appropriate provisions should be made to ensure divorced Muslim women's financial independence after divorce.

The Supreme Court's decision
came on a petition filed by a Muslim woman. The court bench directed the woman's former husband to deposit ₹17,67,980 into her bank account. This amount was determined by combining the total value of mehr (mehr), dowry, 30 tola gold jewelry, and other gifts, including household items like a TV, refrigerator, stabilizer, showcase, dining furniture, and box bed.

The court then ordered
that the payment be made within six weeks. The husband must also provide proof of payment, and if the husband fails to comply or fails to do so, he will be required to pay 9% annual interest on the amount.

The Supreme Court
dismissed a 2022 decision by the Calcutta High Court that had refused to award the full amount to the woman. The bench criticized the High Court, stating that it had ignored the law's objective of social justice. Instead, it relied heavily on the fallacy of evidence related to the marriage register entries. 

PC: ZeeNews