The Supreme Court held that the husband has no control over the property (‘dowry’) brought by the wife at the time of marriage. It was also reminded that the man has a moral obligation to return it even if he takes it and uses it when there is a problem. The decision of the Supreme Court is in the case filed by a Malayali couple.
The woman approached the Supreme Court claiming that her husband had used the 89 Pawan gold received as dowry to settle her financial obligations and that necessary steps should be taken to get the gold back. The bench of Sanjeev Khanna and Dipankar Dutta, which heard the case, ordered to pay Rs 25 lakh in lieu of gold.
In 2011, the family court upheld the woman’s plea and ordered compensation. But the Kerala High Court quashed the family court order and ruled that the woman could not prove that her husband and mother-in-law had misused the gold. Then the Supreme Court was approached.
Property acquired by a woman from her own family during marriage is not equal property of husband and wife. The husband has no independent authority over it. Dowry is entirely the property of the woman. The Supreme Court also said that the High Court has failed to fairly consider the facts presented by the woman before the court and pass judgment.
