Supreme Court Rules on Gifts in Divorce Cases

In a significant ruling, the Supreme Court has stated that gifts given to both the bride and groom during marriage must be returned to the bride if the marriage ends in divorce. This decision highlights the ongoing issue of patriarchal discrimination in society.

A bench comprising Justices Sanjay Karol and N K Singh overturned a Calcutta High Court order that allowed a man to keep gifts from his father-in-law after the divorce. The court emphasized that the Constitution of India aims for equality, which is still not fully realized. It noted, "Courts, in doing their bit to this end, must ground their reasoning in social justice adjudication."

The ruling is based on the Muslim Women (Protection of Rights on Divorce) Act, 1986, which aims to ensure dignity and financial security for Muslim women post-divorce. The bench stated, "The construction of this Act, therefore, must keep at the forefront equality, dignity and autonomy and must be done in the light of lived experiences of women where, particularly in smaller towns and rural areas, inherent patriarchal discrimination is still the order of the day."

According to Section 3 of the Act, a woman has rights over all properties given to her before or during marriage, or after marriage by relatives or friends. The court clarified that this section addresses mehr/dower and other properties, allowing women to claim back gifts from their husbands in divorce situations. This ruling reinforces the legal rights of women in marriage and divorce, aiming to protect their dignity and financial interests.