SC says unauthorized retention of such items by husband and family is illegal and recoverable
ISLAMABAD:
The Supreme Court has ruled that all property given to a woman at the time of marriage by her parents, relatives, husband or in-laws for her personal use and benefit belongs absolutely to her and neither the husband nor his family can claim ownership of such property.
A three-member bench headed by Chief Justice of Pakistan Yahya Afridi gave the ruling while hearing a case related to recovery of dowry items. The four-page judgment was written by Justice Shakeel Ahmad.
The court observed that the ownership of such property is not determined by its description but by the intention behind the transfer and the bride’s exclusive right over it.
“Ownership is not determined by nomenclature but by the intention underlying the transfer and the bride’s exclusive right over it.
“Accordingly, any unauthorized retention, deprivation or misappropriation of such property by the husband or his family amounts to illegal retention of the property rights of the wife and entitles her to seek recovery through legal proceedings before the competent Family Court,” it said.
He noted that the respondent wife had specifically stated that her parents gifted her gold ornaments weighing 87 tolas at the time of marriage for her exclusive use and benefit.
Referring to the prevailing social realities, the judgment observed that jewelry and ornaments given to a bride are not mere ceremonial accessories but often serve as a source of financial security and economic autonomy for a woman entering into marriage.
“Such property, irrespective of whether it is called jahez, dowry, wedding gifts or personal effects, remains the exclusive property of the bride, over which neither the husband nor the in-laws can claim ownership,” the court held.
The judgment affirmed that the legislative framework provided for in section 5 of the Family Courts Act, 1964, read together with the schedule to the act, reflects a conscious and progressive recognition of the economic and property rights of women in the domestic sphere.
According to the court, the statute confers exclusive jurisdiction on family courts in matters relating to dissolution of marriage, including khula, dowry, maintenance, custody and guardianship of children, dowry and, significantly, the property and personal belongings of the wife.
“The inclusion of ‘dowry’ and ‘personal property and belongings of the wife’ as different entries in the Annex demonstrates the legislative intention to guarantee effective and expeditious remedies for women deprived of property contributed by them to the marriage or that were gifted to them during its subsistence,” the ruling says.
