Supreme Court says bridal gifts and jewellery are wife's exclusive property

ISLAMABAD: The Supreme Court has ruled that 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 solely to her, and cannot be claimed by her husband or his family.

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

Court defines ownership by intent behind transfer

In its judgment, the court said the legal status of such assets depends on the purpose for which they were given and the bride’s exclusive right over them, rather than the label attached to the property.

"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 was stated.

The court further held that jewellery, ornaments and other items gifted to a bride remain her property regardless of whether they are described as jahez, dowry, bridal gifts or personal belongings. "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," it said.

Case involved claim over 87 tolas of gold

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

Referring to social realities, the court observed that jewellery and ornaments given to a bride are not merely symbolic items, but often function as a means of financial protection and economic independence for a woman entering marriage.

Family Courts Act cited in judgment

The judgment said the legal framework under Section 5 of the Family Courts Act, 1964, read with its schedule, reflects what the court described as a conscious and progressive recognition of women’s economic and proprietary rights within the household sphere.

According to the judgment, the law grants exclusive jurisdiction to Family Courts in matters linked to dissolution of marriage, including khula, dower, maintenance, child custody and guardianship, dowry, and also 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 judgement concluded.