We are of the firm opinion that once this Court has interpreted the provisions of the statute in context to the constitutional scheme and has laid down that the grounds of arrest have to be conveyed to the Accused in writing expeditiously, the said ratio becomes the law of the land binding on all the Courts in the country by virtue of Article 141 of the Constitution of India. {Para 46}
The Supreme Court of India's decision in Rousanara Begum v. S.K. Salahuddin, delivered on December 20, 2023, represents a significant milestone in the jurisprudence concerning the property rights of divorced Muslim women. Arising from a decade-long legal battle, the verdict addresses deep-seated questions about the nature of gifts given at the time of marriage and clarifies the judicial approach required for interpreting social welfare legislation. It stands as a crucial reaffirmation of economic justice for women navigating the complexities of divorce.
Print PageIt is difficult to agree with the reasoning of the High Court. The primary basis for not giving the amount and gold in question to the Appellant, as it appears from the perusal of the judgment, was the apparent contradiction between the statement of the Kazi i.e. marriage Registrar and the father of the Appellant. The former stated in evidence that the entry recording the amount and gold being given to the husband was erroneously done so and it should have been that the said amount(s) were only given without specifying, to whom, the father of the Appellant on the other hand stated that he had given the amount(s) in question to the Respondent. The High Court observed that since the father was directly responsible for giving the said amount(s), it would be prudent to accept his version of events. What, apparently, the High Court lost sight of is the end result of the proceedings in which the said statement of the father was given. Those proceedings were concerned with Section 498A-Indian Penal Code and Section(s) 3/4 of the Dowry Prohibition Act, 1961, and despite such a direct statement by the father of the Appellant the learned Trial Court seized of the matter acquitted the Respondent, a conclusion which appears to have attained finality. Then, it cannot be said, in our view, that the evidentiary value of that statement is either equal to or greater than the statement of the marriage registrar. The High Court records that the latter statement regarding writing and overwriting in the entry in the marriage register is proved by him having produced the same before the Court. When that is the case, we are at a loss to understand why his statement in entirety should not be accepted. Mere allegation as to his conduct being suspicious on account of overwriting in the marriage register is not sufficient to discard his testimony.
{Para 8}
9. This case presents the possibility of two interpretations and whereas it is a settled rule that this Court under its plenary, Article 136 jurisdiction does not interfere with the findings of the High Court simply because there are two views possible, this case, in our considered view, does not fall under this exception for the High Court missed the purposive construction goalpost and instead proceeded to adjudicate the matter purely as a civil dispute. The Constitution of India prescribes an aspiration for all, i.e. 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 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. 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.
IN THE SUPREME COURT OF INDIA
Criminal Appeal No. 5164 of 2025
Decided On: 02.12.2025
Rousanara Begum Vs. S.K. Salahuddin and Ors.
Hon'ble Judges/Coram:
Sanjay Karol and N. Kotiswar Singh, JJ.
Author: Sanjay Karol, J.
Citation: 2025 INSC 1375, MANU/SC/1611/2025.
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Repealing & Amending Bill, 2025
