A divorced Muslim woman can reclaim wedding gifts from husband given by her parents at the time of wedding: Indian Supreme Court

The Supreme Court of India on Tuesday ruled that a divorced Muslim woman has the right to recover from her former husband the cash, gold and other gifts given by her parents at the time of wedding.

- BY S VENKAT NARAYAN

The court said this right is clearly protected under the Muslim Women (Protection of Rights on Divorce) Act, 1986, Bar and Bench reported.

India has 200 million Muslims. Only Indonesia and Pakistan have more Muslims than India.

A Bench of Justices Sanjay Karol and N Kotiswar Singh delivered the judgment while overturning a Calcutta High Court order that had denied the woman these assets.

The apex court observed that the Calcutta High Court looked at the dispute only as a civil matter and ignored the broader objective of the 1986 Act, which is meant to protect the dignity and financial security of divorced Muslim women.

Highlighting the law's purpose, the court said that interpretations must reflect the lived realities of women, especially in rural and small-town India where patriarchal norms still prevail, the news report said.