The Supreme Court of Pakistan has ruled that jewellery and gifts given to a bride at the time of marriage are her exclusive personal property and cannot be claimed by her husband or in-laws, reported 24NewsHD TV channel Monday.
The ruling came in a dowry and bridal belongings case. The four-page judgment was written by Justice Shakeel Ahmad.
The court held that a husband, mother-in-law, father-in-law or any other member of the husband’s family has no legal or ownership right over jewellery and gifts presented to the bride.
According to the verdict, all gold jewellery and bridal gifts given to a woman at the time of marriage belong solely to her. The court said withholding or retaining such items amounts to illegal deprivation of her property rights.
The judgment said neither the husband nor his family could take possession of, retain or misuse the bride’s jewellery and personal gifts.
The court also clarified that ownership of a gift would be determined by the intention with which it was presented. If jewellery or any other item was given to the bride, it would be treated as her personal property.
The Supreme Court said a wife has the legal right to approach a Family Court for the recovery of her jewellery, dowry and other personal belongings.
The verdict affirmed that Family Courts have full jurisdiction to hear and decide claims related to the recovery of bridal jewellery, dowry articles and personal gifts.
The court rejected an appeal filed by former husband Ghulam Habib against Shazia Bibi and upheld the earlier judgment of the Lahore High Court.