VidhiSangh

Supreme Court of India · 02/12/2025

ROUSANARA BEGUM versus S.K. SALAHUDDIN @ SK SALAUDDIN & ANR.

[2025] 12 S.C.R. 273 · 2025 INSC 1375

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Summary

The Supreme Court set aside the High Court's order that had denied a divorced Muslim wife the return of Rs. 7 lakh and 30 bhories of gold recorded in the marriage register as given at the marriage by her father, holding that the High Court wrongly preferred the father's statement in an ended Section 498A IPC trial over the Marriage Registrar's evidence and failed to construe the 1986 Act purposively.

Issues

  1. Whether goods and money given at the time of marriage by the bride's father, to the daughter or to the bridegroom, can be recovered by the divorced wife under the Muslim Women (Protection of Rights on Divorce) Act, 1986.
  2. Whether the High Court, under Article 227, rightly set aside the concurrent findings directing return of Rs. 7 lakh and 30 bhories of gold because of a discrepancy between two marriage register entries.
  3. How the 1986 Act is to be construed.

Provisions considered

Held

Result

Appeals allowed; the High Court's judgment and modification order set aside. The amount is to be remitted directly to the appellant's bank account (details to be supplied within three working days) and the respondent is to file an affidavit of compliance within six weeks thereafter, failing which interest at 9% per annum is payable.

Judgment PDF: Supreme Court of India, [2025] 12 S.C.R. 273.