Overview
- A Supreme Court bench of Justices Sanjay Karol and N Kotiswar Singh set aside a Calcutta High Court ruling and allowed Rousanara Begum’s appeal.
- The court directed S K Salahuddin to transfer Rs 17,67,980 to the appellant’s bank account within six weeks and file an affidavit of compliance, with 9% annual interest for any delay.
- Interpreting Section 3(1)(d) of the Muslim Women (Protection of Rights on Divorce) Act, 1986, the court held that dower (mehr), cash, gold and gifts given before, at or after marriage are the woman’s personal property recoverable on divorce.
- The judgment faulted the High Court for treating the case as a narrow civil dispute and accepted the marriage registrar’s record over contradictory testimony about how the gifts were recorded.
- The relief covers items including 30 bhori of gold and household goods recorded at the 2005 marriage; the couple separated in 2009 and divorced in 2011, and the ruling guides lower courts on enforcement in similar claims.