The Supreme Court has given a big decision in favour of divorced Muslim women of West Bengal. The court said that her in-laws must return the money and gold given to the Muslim woman as dowry.
A bench of Justices Sanjay Karol and N Kotiswar Singh passed the order.
The Supreme Court ruled that a divorced Muslim woman has the legal right to get back the cash, gold and other things given either to her or her husband by her parents at the time of her marriage.
The case pertains to Raushanara Begum of West Bengal. She married in August 2005.
After some time, the relationship started deteriorating, and after four years of marriage in May 2009, Raushanara Begum left her in-laws’ home and went back to her maternal home to stay with them.
After she stayed in her maternal home for more than two years, they finally divorced in December 2011.
Claim under Section 3 of the 1986 Act
After the divorce in December 2011, Raushanara Begum filed a claim under Section 3 of the 1986 Act, demanding that her in-laws refund Rs 17,67,980 and return 30 sovereigns of gold jewellery that they had received as her dowry during the marriage.
The Calcutta High Court rejected the plea of Raushanara Begum after hearing the statements of the Kazi, who registered the marriage and the father.
But the Supreme Court set aside the Calcutta High Court order and ruled that no one can reject the testimony of the Kazi, who kept the marriage register and the original document, on the basis of suspicion.
The Supreme Court interpreted this law to mean the dignity and equality of women, emphasising the basis of constitutional rights.
The Supreme Court directed the husband to deposit a total amount of seven lakh rupees and thirty bhori of gold in the bank account of Raushanara Begum.
Courts are not only law-enforcing bodies but also constitutional bodies ensuring gender justice and advancement in society. Therefore, the law cannot be interpreted in isolation from social realities,” the Court noted.
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