Divorce and gifts given to bride before, during, or after marriage

There are some things that are happening in society, both among the literate and the illiterate, despite being banned by law. Dowry is one of the most prominent among them. Regardless of the religious affiliation, the marriage of a daughter is one of the most expensive events for parents. Nowadays, no small amount is enough to buy jewellery and decently organise a wedding. Even the middle class tries to imitate the lavish weddings of the super-rich, at least on a small scale. It takes lakhs to book a wedding venue. In addition to this, a huge amount has to be handed over to the event management for jewellery, clothes, decorations, makeup, photography, etc.

Even the position of each person in society is often determined by how the marriage is conducted. What is happening in our country in the name of marriages is a waste of money that is not seen anywhere else in the world. In foreign countries and elsewhere, a maximum of 200 close people attend a wedding. Here, it becomes 2,000. No Renaissance leaders are trying to say or exhort that marriages should be conducted in a simple manner. The dowry given could be many times the amount of the marriage cost. Most people do not leave any evidence for this. This is because dowry is illegal. However, some people record in the marriage register of their communities the details of the gold and money given. If the marriage ends in divorce, this will become evidence to ask for the return of the dowry later. However, it was believed that a divorced Muslim woman was not entitled to this. As a relief, the Supreme Court has ruled that this is wrong and that a divorced Muslim woman is entitled to get back the money and gold ornaments given by her father to her husband during the marriage. The bench headed by Justice Sanjay Karol clarified that the Muslim Women (Protection of Rights on Divorce) Act, 1986 provides this right.

The Calcutta High Court had dismissed the petition of a divorced Muslim woman seeking the return of Rs 7 lakh and gold ornaments given to her husband by her father and recorded in the marriage register. The Supreme Court ordered the High Court to set aside its order on an appeal filed against it. The complainant was married in 2005 and divorced in 2011. The divorced woman then initiated proceedings to recover the Rs 7 lakh and gold ornaments, including wedding gifts worth Rs 17.67 lakh. The Calcutta High Court dismissed the petition citing conflicting statements between the marriage registrar and the bride's father. The registrar stated that the amount was recorded as to whom the gift was being given. The bride's father said that the money and gold were given to the groom's family.

The High Court verdict was quashed by the apex court, stating that the law should be interpreted in a way that protects the rights and dignity granted to women by the Constitution. The court directed the husband to transfer the money to the complainant's bank account and warned that he would have to pay nine percent interest if he delayed.

There are many incidents in our society where the bride's gold ornaments and property are not returned even after the marriage is dissolved. This important verdict of the Supreme Court is a strong warning to all religious people who have the attitude of not wanting the woman, but wanting the woman's property.