The Pakistan Supreme Court has issued a historical ruling stating that a bride retains the total property of its dowry and wedding gifts even after divorce, said Express News.
The trial, written by Judge Mansoor Ali Shah and covers seven pages, clearly establishes that all articles given to the bride as a dowry or gifts are their unconditional and exclusive property. The court ruled that neither the husband nor his relatives can claim the property of the dowry articles or the nuptial gifts.
In addition, any gift presented to the boyfriend or his family will not be considered part of the dowry. The Judicial Branch, added the verdict, is only authorized to order the recovery of the property that belongs exclusively to the bride.
In his decision, the court emphasized that if the family of the bride, the boyfriend or the boyfriend’s family provided elements, they are still legal property of the bride. However, the ruling does not serve as a support of the cultural practice of the dowry.
The trial also clarified that, in line with Islamic teachings, only the HaP MEHR (Mandatory marriage payment) is mandatory, while the dowry is a social custom that often leads to exploitation, pressure and discrimination against women.
The Supreme Court also pointed out that the sentence has become more accessible to the public by including a QR code to facilitate the reference.
The case was presented to the Supreme Court by the petitioner Muhammad Sajid, who had sought a reduction in his financial obligations, including the return of dowry, after his divorce.
The court dismissed its appeal and confirmed the decision of the Superior Court of Lahore, reaffirming the right of the bride to its dowry and maintenance.
