'Bridal gifts, jewellery belong to wife'

SC says unauthorised retention of such items by husband, family illegal and recoverable

ISLAMABAD:

The Supreme Court has ruled that any property given to a woman at the time of marriage by her parents, relatives, husband or in-laws for her personal use and benefit vests absolutely in her and neither the husband nor his family can claim ownership over such assets.

A three-member bench headed by Chief Justice of Pakistan Yahya Afridi issued the ruling while hearing a case relating to the recovery of dowry articles. The four-page judgment was authored by Justice Shakeel Ahmad.

The court observed that ownership of such property is determined not by its description but by the intention behind the transfer and the bride's exclusive entitlement to it.

"Ownership is not determined by nomenclature but by the intention underlying the transfer and the exclusive entitlement of the bride thereto.

"Consequently, any unauthorized retention, deprivation or misappropriation of such property by the husband or his family amounts to unlawful withholding of the wife's proprietary rights and entitles her to seek recovery through lawful proceedings before the competent Family Court," it stated.

It noted that the respondent-wife had specifically asserted that her parents gifted her gold ornaments weighing 87 tolas at the time of marriage for her exclusive use and benefit.

Referring to prevailing social realities, the judgment observed that jewellery and ornaments gifted to a bride are not merely ceremonial accessories but often serve as a source of financial security and economic autonomy for a woman entering marriage.

"Such property, irrespective of whether it is described as jahez, dowry, bridal gifts, or personal belongings, remains the exclusive property of the bride, over which neither the husband nor the in-laws can claim dominion," the court held.

The judgment stated that the legislative framework under Section 5 of the Family Courts Act, 1964, read with the schedule appended to the law, reflects a conscious and progressive recognition of women's economic and proprietary rights within the domestic sphere.

According to the court, the statute confers exclusive jurisdiction upon Family Courts in matters relating to dissolution of marriage, including khula, dower, maintenance, custody and guardianship of children, dowry, and significantly, the personal property and belongings of a wife.

"The inclusion of 'dowry' and 'personal property and belongings of a wife' as distinct entries in the Schedule demonstrates the legislative intent to secure effective and expeditious remedies for women deprived of property brought by them into the marriage or gifted to them during the subsistence thereof," the judgment said.