The Supreme Court has made a pivotal ruling that requires bridegrooms to return any financial gifts received from their father-in-law upon divorce, directing that these gifts should revert to the bride. This decision, rooted in addressing patriarchal biases, references the Muslim Women’s Act of 1986, designed to safeguard women’s dignity and economic stability post-divorce. Supreme Court NEW DELHI: Noting that inherent patriarchal discrimination is still the order of the day, Supreme Court has said gifts given by parents not only to their daughter but to the bridegroom at the time of marriage have to be returned to her if it ends in divorce.Applying a provision of the Muslim Women (Protection of Rights on Divorce) Act, 1986, a bench of Justices Sanjay Karol and N K Singh quashed a Calcutta high court order that had allowed a man to retain the gifts given by his father-in-law.“The Constitution of India prescribes an aspiration for all, ie equality which is, obviously, yet to be achieved. Courts, in doing their bit to this end, must ground their reasoning in social justice adjudication. To put it in context, the scope and object of the 1986 Act is concerned with securing the dignity and financial protection of Muslim women post her divorce which aligns with the rights of women under Article 21 of the Constitution,” the bench said.“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,” the court said.It said Section 3 of the Act granted a woman right over all properties given to her before or at the time of marriage or after her marriage by her relatives or friends or husband or any relatives of the husband or his friends.“The section quoted above deals with mehr/dower and/or other properties given to a woman at the time of her marriage clearing the way for the woman to set up a claim against her husband in the above situations, or claim back from her husband properties given, as the case may be,” the bench said.End of ArticleFollow Us On Social MediaVideos”Derogatory” BJP Hits Out at Revanth Reddy Over Remarks On Hindu DeitiesOver 70 IndiGo Flights Cancelled Across India as Crew Shortage Triggers Massive Disruption“India’s Diplomacy Has Spine”: Tharoor Praises India’s Assertive Foreign Policy On RussiaRahul–Priyanka Candid Chat Goes Viral As Camera Catches Fun Banter’We Have A Diplomatic Allergy’: Shashi Tharoor Warns India Still Lacks A National Security StrategySanchar Saathi App Row In LS: Cong Flags Privacy Fears, Scindia Says ‘Snooping Not Possible’Rupee Slides To Record Low Of 90 Per Dollar As Trade Uncertainty, Dollar Demand And Oil Costs Spike’Leader Is Bulldozing’: Kharge, Nadda Lock Horns Over TMC MP’s Speech In Rajya SabhaIndia’s Workforce Power Will Keep Growing, Jaishankar Says, As He Takes Down Anti H-1B NarrativesKTR Slams Congress, Says Rahul Gandhi Has No Vision And Is An Albatross Around Opposition’s Neck123PhotostoriesProsenjit Chatterjee rising in Bollywood with intense and unforgettable characters10 best foods to boost muscle growth and strengthSay these 5 nighttime affirmations and watch your life transform in just days5 brutally honest lessons to take from Virat Kohli on how to crush successMalaika Arora’s yoga secrets: 5 beginner-friendly poses for body & mindHow Bhagavad Gita can heal unknown childhood trauma and unlock blockages for success in lifeInside Earth’s forbidden zones:5 deadly and mysterious places where entry is banned8 reasons to have a bowl of pomegranate daily for breakfast5 quotes by William Shakespeare that are like love bombs that hit different every timeFrom ‘Pather Panchali’ to ‘Devdas’: Films that won awards, audiences and critics worldwide123Hot PicksParliament Winter SessionPutin India VisitWorld NewsGold rate todaySilver rate todayPublic Holidays NovemberBank Holidays NovemberTop TrendingNBA Trade RumorsMike TysonWendy OrtizCardi BAuston MatthewsStephen CurryNathan MacKinnonJayden DanielsSuper Bowl LX Halftime ShowMolly Qerim
NEW DELHI: Noting that inherent patriarchal discrimination is still the order of the day, Supreme Court has said gifts given by parents not only to their daughter but to the bridegroom at the time of marriage have to be returned to her if it ends in divorce.Applying a provision of the Muslim Women (Protection of Rights on Divorce) Act, 1986, a bench of Justices Sanjay Karol and N K Singh quashed a Calcutta high court order that had allowed a man to retain the gifts given by his father-in-law.“The Constitution of India prescribes an aspiration for all, ie equality which is, obviously, yet to be achieved. Courts, in doing their bit to this end, must ground their reasoning in social justice adjudication. To put it in context, the scope and object of the 1986 Act is concerned with securing the dignity and financial protection of Muslim women post her divorce which aligns with the rights of women under Article 21 of the Constitution,” the bench said.“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,” the court said.It said Section 3 of the Act granted a woman right over all properties given to her before or at the time of marriage or after her marriage by her relatives or friends or husband or any relatives of the husband or his friends.“The section quoted above deals with mehr/dower and/or other properties given to a woman at the time of her marriage clearing the way for the woman to set up a claim against her husband in the above situations, or claim back from her husband properties given, as the case may be,” the bench said.
