SC on Muslim Women divorced: Supreme Court said that the items given by a woman’s family at time of marriage to the groom’s side must be treated as the property of woman.
SC on Muslim Women divorced: Strengthening their Financial security and Dignity
The Supreme Court on Tuesday held that a divorced Muslim woman has the right according to the law, to reclaim the cash, gold and other valuables properties that her parents had given to her husband at the time of marriage. Issue of this judgement aims to enhance the financial protection and dignity of Muslim women after divorce, the court emphasized that these items are woman’s own property and must be returned back to her once the marriage gets dissolved.
SC emphasizes Equality, Dignity, and Autonomy for Divorced Muslim Women
A bench of Justices Sanjay Karol and N. Kotiswar Singh stated that Muslim Women (Protection of Rights on Divorce) Act, 1986 must be interpreted in a true manner that reflects the constitutional guarantees of equality and personal autonomy, rather than being narrowly interpreted as a simple civil dispute.
“The interpretation and application of this Act must showcase equality, dignity and autonomy at the forefront. It must also take into account the lived realities of women, particularly in smaller towns and rural areas where patriarchal practices and discrimination lies in widespread. Therefore, the law should be understood and implemented in such a way that acknowledges social dynamics and protects the rights of divorced Muslim women,” statement by the bench.
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