In a powerful judgment aimed at dismantling patriarchal norms, the Supreme Court of India has ruled that all gifts given at the time of marriage, including those presented to the bridegroom, must be returned to the woman if the marriage ends in divorce. The bench emphasized that inherent patriarchal discrimination remains widespread, especially in smaller towns and rural areas.
A Landmark Decision for Financial Justice
A bench comprising Justices Sanjay Karol and N K Singh delivered this significant verdict. They applied provisions of the Muslim Women (Protection of Rights on Divorce) Act, 1986 to overturn an order from the Calcutta High Court. The lower court had previously allowed a man to retain gifts given to him by his father-in-law.
The Supreme Court firmly quashed this order, reinforcing the financial rights of divorced women. The justices grounded their reasoning in the principle of social justice, stating that courts must actively work towards the constitutional aspiration of equality, which is yet to be fully achieved.
Constitutional Alignment and Lived Experiences
The bench explicitly connected the 1986 Act to the fundamental rights guaranteed by the Constitution. The court said the Act's objective is to secure the dignity and financial protection of Muslim women after divorce. This goal directly aligns with the right to life and personal liberty under Article 21 of the Constitution.
"The construction of this Act, therefore, must keep at the forefront equality, dignity and autonomy," the bench asserted. They stressed that the law must be interpreted in the light of the lived experiences of women, where discriminatory practices are often entrenched.
What the Law Says About Property and Gifts
The court focused on Section 3 of the Muslim Women Act of 1986. This section grants a divorced woman the right to claim all properties given to her before, at the time of, or after her marriage. These gifts can be from her relatives, friends, her husband, or the husband's relatives and friends.
The bench clarified the scope of this provision. "The section quoted above deals with mehr/dower and/or other properties given to a woman at the time of her marriage," they explained. This interpretation clears the way for a woman to set up a claim against her husband for the return of such properties in the event of a divorce.
The ruling makes it clear that gifts intended for the marital couple, even if directly given to the groom, are meant for the establishment of the marital home and thus rightfully belong to the wife upon dissolution of the marriage.
A Step Towards Eradicating Patriarchal Bias
This judgment is being hailed as a crucial step in correcting systemic bias. By ensuring that wealth transferred during marriage flows back to the woman in case of separation, the court provides a tangible mechanism for financial security. It challenges the traditional notion that gifts become the absolute property of the recipient, irrespective of the marriage's outcome.
The Supreme Court's directive sends a strong message about the need for judicial interpretation to evolve with societal justice. It places the dignity and economic autonomy of women at the center of legal discourse concerning marriage and divorce, particularly under personal laws.
