The Supreme Court (SC) has ruled that any property or jewellery given to a woman at the time of marriage whether by her parents, relatives, husband, or in-laws for her personal use belongs entirely to her.
The ruling came in a four-page judgment authored by Justice Shakeel Ahmed Baloch during the hearing of a case related to the return of dowry. A three-member bench headed by Chief Justice Yahya Afridi heard the matter.
The court said that ownership of such property is determined not by whose name it is registered in, but by the intent behind the transfer and the bride’s exclusive right over it.
It further said that retaining, withholding, or misusing such property by the husband or his family amounts to unlawfully blocking the wife’s ownership rights. The court noted that a wife is entitled to reclaim such property through legal proceedings before a competent family court.
The case involved a woman who had claimed that her parents gifted her 87 tolas of gold jewellery at the time of marriage for her exclusive use and benefit.
In its order, the court said that in the social realities of Pakistani society, jewellery and ornamental items gifted to a bride are not merely ceremonial formalities.
It said that such gifts are often a form of financial security and economic independence intended for the woman entering marriage, regardless of whether they are classified as dowry, bridal gifts, or personal belongings.
