In a landmark judgment that brings closure to a two-decade-long struggle, the Supreme Court of India has ruled that a divorced Muslim woman is entitled to reclaim the cash and gold gifts given by her parents at the time of her marriage. This historic verdict has set a crucial legal precedent, affirming the property rights of women within personal law.
A 20-Year Legal Odyssey for Justice
The case centers on Rousanara Begum, now nearly 45, whose marital life collapsed shortly after her wedding in 2005. By late that year, the relationship had soured, leading to allegations of dowry harassment and mental cruelty. Forced out of her marital home, she returned to her parents in 2008, and the marriage was formally dissolved by talaq in 2011.
Throughout this ordeal, the gifts her father had presented at her wedding – Rs 7 lakh in cash and some gold – remained with her former husband, SK Salahuddin, and were never returned. "Seven lakh is a lot of money for folks like us," Rousanara stated, highlighting the significant financial loss.
From Lower Courts to the Apex Court
Supported steadfastly by her parents, Rousanara initiated a legal battle to reclaim her property. While she won in the lower courts more than once, the Calcutta High Court delivered a setback in January 2024, reversing the earlier orders and ruling in favour of the former husband. This denial propelled her to appeal to the Supreme Court.
Her lawyer, Syed Mehdi Imam, described the case as navigating a "grey area" in law. "Till today, no clear judgment existed on whether the money and gold given to a bride at marriage, but kept with the groom, must be returned after divorce," he explained. He urged the court to settle the matter definitively, despite concerns from some quarters that it could be misconstrued as a religious flashpoint.
A Victory for Dignity and Equality
On December 2, the Supreme Court delivered a resounding verdict. The bench placed equality and dignity at the heart of its interpretation of the Muslim Women (Protection of Rights on Divorce) Act. It emphasized that the law must be read in light of the lived experiences of women, particularly in rural and small-town India where patriarchal norms are deeply entrenched.
The ruling has been welcomed by Muslim bodies. Maulana Raziul Islam Nadwi, national secretary of the Jamaat-e-Islami Hind's Shari'ah Council, clarified that under Islamic law, gifts given to the wife cannot be taken back by the husband unless she willingly relinquishes them, finding no contradiction with the SC order.
For Rousanara, who rebuilt her life as a government primary school teacher and remarried, the victory is profound. When her lawyer messaged her "Won the matter" during a court break, she was overcome with emotion. "I am very happy," she said. "This win is for all Muslim women like me."
This case from rural Bengal now stands as a powerful precedent, finally clarifying that gifts given to a bride belong to her alone, a principle that transcends the end of her marriage.
