Supreme Court Judgment: Divorced Muslim Woman Has the Right to Get Back Money and Jewelry Given at Marriage

New Delhi | December 3, 2025 | DeccanLive.com

The Supreme Court on Tuesday, December 2, delivered an important judgment stating that a divorced Muslim woman has the complete right to get back the money and gold that her father gave to her husband at the time of marriage. This right is protected under the Muslim Women (Protection of Rights on Divorce) Act, 1986.

The Court set aside a Calcutta High Court order that had rejected the woman’s request to return ₹7 lakh in cash and gold jewellery given during her marriage.

Background of the Case

The woman got married in 2005, separated in 2009, and received a formal divorce in 2011. She filed a case under Section 3 of the 1986 Act, demanding the return of ₹17.67 lakh, which included ₹7 lakh cash and 30 bhori (around 300 grams) of gold. All these items were clearly recorded in the marriage register, showing that they were given by her father at the time of marriage.

The High Court rejected her claim because of a minor difference in statements:

• The Qazi said the amount was written in the register but not clearly stated to whom it was given.
• The woman’s father said the money was handed directly to the groom.

Supreme Court’s Stand

The Supreme Court ruled that the marriage register and the Qazi’s testimony cannot be dismissed on the basis of doubt. The Court explained that Section 3(1)(d) of the 1986 Act clearly states that anything given to a woman before, during, or after marriage is her property, and she has the right to take it back after divorce.

The Court emphasized that the purpose of this law is to ensure dignity, protection, and financial security for divorced Muslim women. This right is linked to Article 21 of the Constitution, which guarantees the right to life with dignity.

The Court also noted that many women in smaller towns and villages still face patriarchal practices, so laws must be interpreted in a way that protects them fully.

Final Order

The Supreme Court allowed the woman’s appeal and ordered the husband to transfer the amount directly to her bank account. If he fails to pay, he will be charged 9% annual interest on the amount.