Constitution of India, 1950
Article 136—Exercise of jurisdiction—Interference with findings of High Court—Under its plenary jurisdiction under Article 136 of the Constitution of India, the Apex Court does not interfere with the findings of the High Court simply because there are two views possible—Present case does not fall under exception—High Court missed the purposive construction goalpost and instead proceeded to adjudicate the matter purely as a civil dispute—Impugned judgment and order passed by the High Court is set aside.
[Para 9]
Muslim Women (Protection of Rights on Divorce) Act, 1986
Section 3—Return of dowry articles—Question as to whether goods given to a daughter at the time of her marriage by her father, or to the bridegroom, can be by application of law, returned to the daughter, appellant herein, given that their marriage had ended in divorce—A divorced Muslim woman has right to reclaim property and valuables (like gold and cash) given to her at the time of marriage under Muslim Women (Protection of Rights on Divorce) Act—Scope and object of 1986 Act is concerned with securing the dignity and financial protection of a Muslim women post her divorce which aligns with the rights of a women under Article 21 of the Constitution of India—Construction of 1986 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.
[Paras 8 & 9]