Madras High Court
CRP/6057/2026 of Mohamed Arshad Ajap Ali Vs Saliha Samana A on 9 October 2026
CRP No. 6057 of 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 09-10-2026
CORAM
THE HON'BLE MR.JUSTICE S. SOUNTHAR
CRP No. 6057 of 2026
CNR: {HCMA011838992026}
Mohamed Arshad Ajap Ali
S/o.Ajap Ali
No.17/2, Thiruvallur Street
TMP Nagar, Padi,
Thiruvallur 600 050.
..Petitioner(s)
Vs
Saliha Samana A
D/o.Abdul Rahman
No.21/47, Ravi Glats, Bajamai Kovil Street Muthurangan Salai, Thiyagaraya Nagar Chennai 600 017.
..Respondent(s)
Prayer: Civil Revision Petition is filed under Article 227 of the Constitution of India to set aside the order dated 16.05.2026 passed in I.A.No.01 of 2026 in O.S.No.286 of 2023 forming Part of the Common Judgement dated 16.05.2026
on the file of the IV Additional Family Court, Chennai to the limited extent of dismissal of I.A.No.01/2026 and consequently direct the Respondent to return to the Petitioner the 81 grams gold chain, the 8 grams of earrings (Thodu) The wedding saree worth Rs.25,000/- and other sarees worth Rs.10,000/- together with the 4 grams ring or in the alternative remand I.A.No.01 of 2026 for fresh consideration in accordance with law and in the light of the findings already rendered in the common Judgement dated 16.05.2026.
For Petitioner(s):
Ms.R.Preetha
for Mr. S.Anandakumar
CRP No. 6057 of 2026
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ORDER
This Civil Revision Petition has been filed challenging the order passed by the Family Court, dismissing the application filed by the petitioner seeking return of Mahr, presented as Jewels and sarees.
2. The petitioner/husband as well as the respondent/wife filed separate suits seeking dissolution of their marriage. The suit in O.S.No.286 of 2023 filed by the respondent seeking divorce was dismissed and the suit in O.S.No.444 of 2023 filed by the petitioner herein has been decreed and the marriage that was solemnised on 23.06.2021 between the petitioner and the respondent was dissolved on the ground of cruelty. Even pending proceedings for divorce, the petitioner herein filed an application in I.A.No.1 of 026 seeking return of jewels and other articles presented to the respondent as Mahr at the time of marriage. The said application was dismissed by the Family Court. Aggrieved by the said order, the petitioner has come before this court.
3. The learned counsel appearing for the petitioner would submit that the relief of divorce sought by the petitioner on the ground of cruelty was granted in his favour and in such circumstances, the respondent/wife is bound to return the jewels and valuables presented to her. Therefore, according to him, the Family Court committed an error in dismissing the application filed by the petitioner.
CRP No. 6057 of 2026
4. T he Family court has relied on Section 3(1)(c) of the Muslim Women (Protection of Rights on Divorce) Act, 1986 and held that the petitioner is not entitled to the claim of return of Mahar presented by him. Section 3(1) of the Muslim Women (Protection of Rights on Divorce) Act, 1986 reads as follows:-
3. Mahr or other properties of Muslim Woman to be given to her at the time of divorce – (1) Notwithstanding anything contained in any other law for the time being in force, a divorced woman shall be entitled to- (a) a reasonable and fair provision and maintenance to be made and paid to her within the iddat period by her former husband; (b) where she herself maintains the children born to her before or after her divorce, a reasonable and fair provision and maintenance to be made and paid by her former husband for a period of two years from the respective dates of birth of such children;
(c) an amount equal to the sum of mahr or dower agreed to be paid to her at the time of her marriage or at any time thereafter according to Muslim law; and (d) all the properties given to her before or at the time of marriage or after her marriage by her relative or friends of the husband or any relatives of the husband or his friends.
CRP No. 6057 of 2026 A perusal of the above provision makes it clear that the properties given to the Muslim woman before or at the time of her marriage or after her marriage by her relatives or friends or by her husband or any relatives of the husband or his friends shall be treated as her properties and she is entitled to the same.
5. In the light of the statutory right, the Family Court has rightly dismissed the petition filed by the petitioner. When the language of enactment is clear and unambiguous, this court cannot interpret the same so as to defeat the object of the enactment. Therefore, I do not find any error in the impugned order.
6. Accordingly, this civil revision petition is dismissed. There shall be no order as to costs. 09-10-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No MST To The IV Additional Judge, Family Court, Chennai.
CRP No. 6057 of 2026 S.SOUNTHAR, J. MST CRP No. 6057 of 2026 09-10-2026