Islamabad:
The Supreme Court has ruled that all the properties granted to a bride as a dowry, nuptial gifts or gifts “will be granted absolutely” in it, confer exclusive and unqualified property rights, regardless of any divorce or future separation.
The sentence of seven pages, written by Judge Syed Mansoor Ali Shah while listening to a family issue, declared that using the phrase “will be granted absolutely” confers exclusive property rights and not qualified on the bride, prohibits any adverse claim by the husband or his relatives.
“The back” and its interest in the property, however, derived, will not be restrictive, conditional or limited “acts as a safeguard to protect the patented autonomy of the bride from the usual or family taxes,” said the verdict.
He pointed out that this absolute acquisition of rights in the bride is not affected by any subsequent separation or divorce, reinforcing their durable and independent right to said property.
The Bank of the Division, led by Judge Shah, referred to the dowry law and nuptial gifts (restriction), 1976, pointing out that the legislature draws a clear distinction between three categories of property exchanged with a marriage: “dowry”, “core gifts” and “present”.
He pointed out that the dowry originates in the parents of the bride and is given to the bride, while the nuptial gifts are conferred by the boyfriend or their parents to the bride.
The verdict explained that the gifts comprise a residual category of gifts granted to any part of the marriage or their relatives in relation to the wedding.
The sentence described that the legislative intention behind section 5 of the law is to guarantee the independent owner of the bride and protect her from dispossession, particularly in case of a marriage collapse.
“An intentional interpretation of this provision necessarily limits the scope of the recoverable property to which it is intended for the bride.”
Consequently, the articles given to the boyfriend or their relatives, unless demonstrated clearly for the use of the bride or in confidence for their benefit, is outside the protective scope of the law.
The Bank pointed out that the right of a girlfriend to its belongings and properties under section 5 is reinforced by constitutional guarantees enshrined in articles 23 and 24 of the Constitution, which recognize their right to maintain and eliminate their property regardless of their marital status.
He added that article 25 guarantees equality before the law and equal protection under it, which forces the State to eliminate all forms of discrimination against women.
In addition, article 35 of the Constitution obliges the State to protect marriage, family, mother and child. In the construction of section 5, the courts must interpret legal language in harmony with these constitutional principles.
“Ensure that the economic autonomy of women is confirmed and not subordinated to any patriarchal or usual practice.”
He clarified that the gifts given to the boyfriend or his family cannot be claimed by the bride under the law unless they are clearly demonstrated that they were destined only to their use or benefit.
The court also addressed the social consequences of the dowry, particularly when imposed by social expectations.
